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Agenda 08-06-02The C ~ty of ach 100 E. Boynton Beach Boulevard · (561)742-6000 City Commission AG DA AUGUST 6, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager Visit our Web site www.boynton-beach.org We're Reinventing City Living for WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBL'rC PARTZC'rpATZON AT CZTY OF BOYNTON There for order of busi or item n has first · and · are items which the Commission does not need to discuss individually Items: These are items which the Commission will discuss individually in the order agenda item. This can be by either SPEAKZNG AT COMMZSS]:ON MEET]:NGS: The public is enCouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by n.a. me from the yellow cards provided by the City Clerk. · Regular Agenda Ztems. Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMZSSZON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address tl~e Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). August 6, 2002 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AG E N DA 6:30 P.M. I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COPlplISSION: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CZTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COPlE TO THE PODIUM WHEN THE PlAYOR CALLS YOUR NAPlE II. INDMDUALS PlAY SPEAK FOR THREE UNTNTERRUPTED PlINUTES. E. Agenda Approval: 1, Additions, Deletions, Corrections 2. Adoption PUBLTC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZPlITED TO 3-PlINUTE PRESENTATIONS III, IV. OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: A. Accept resignation letter from Judith Braswell, Alternate Member of the Education Advisory Board Accept resignation letter from Mark R. Scott, Regular Member of the Education Advisory Board Agenda Regular City Commission Meeting BoyntonBeach, Florida August6, 2002 Appointment To, Be Made TI! Ferguson Mayor Broening Mayor Broening Mayor Broening I Weiland II McCray III Ferguson II McCray II McCray I Weiland II McCray Appointments to be made: Bo'ard Children & Youth Advisory Bd Bldg. Bd of Adj & Appeals Community Relations ,Board Alt Education Advisory Board Stu Education Advisory Board Stu Education Advisory Board Alt Education Advisory Board Reg Library Board Alt Nuisance Abatement Board Alt Senior Advisory Board Alt Senior Adviso~ Board Alt Stu/Reg/Voting Alt Ler i yr term to 4/03 Tabled (2) 1 yr term to 4/03 1 yr term to 4/03 Tabled (2) i Tabled (2) 1 4/03 Tabled (2) 1 yr I (2) 1 yr (2) I yr 4/03 Tabled (2) 1 Vm ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: 1, Recognition of Boynton Beach Police Department's PAL basketball team that placed first in Nationals and the Police Department Explorer Post that placed third in Florida competition 2. Boynton Beach Fire Chief William Bingham named Fire Chief of the Year by the Florida Fire Chiefs Association B. Presentations: 1. Proclamations: None 2. Presentation of the 2001 Florida Tree City of the Year Award to the City Commission by the Parks Department Director 3. Accept the presentation of a $112,500 grant award to the City of Boynton Beach by State Representatives Susan Bucher and Anne M, Gannon and State Senator Mandy Dawson Agenda Regular City Co mmission Meeting Boynton Beach, Florida August 6, 2002 VI. PUBLTC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS Project: Agent: Owner: Location: Description: Kensington Place (LUAR 02-003) (TABLED TO AUGUST 6~ 2002) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase. Contractors, Inc. South side of: SE 23rd Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR), and Project: Agent: Owner: LocaUon: Description: Kensington Place (LUAR 02-003) (TABLED TO AUGUST 6~ 2002) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side nue between Federal Highway and the FI( ilroad right-of-way Request to ghborhood Commercial to PUD Plann )ment Project: Agent: Owner: Location: Description: Lighthouse Academy (COUS 02-003) Robert Kuoppala, Kuoppala & Associates Julius G. Francis 202 West Boynton Beach Boulevard Request Conditional Use/New Site Plan approval to construct a 5,032 square foot, 100-child daycare facility on 0.62 acres Project: Agent: Owner: Location: Description: Bethesda Memorial Hospital Physician Parking (LUAR 02-004) (POSTPONED UNT. TL AUGUST 2~ 2002 A T THE RE(~)UEST OF APPI-~CANT) ]aime Gentile, Kilday and Associates, ]:nc. Bethesda Memorial Hospital; Sintilien Georges; .lesus and .loan Santiago 2700 Block of SW 4th Street Request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel from Low Density ReSidential (LDR) to Public and Private Government/]:nstitutional; and Project: Agent: Owner: Bethesda Memorial Hospital Physician Parking (LUAR 02,004) (POSTPONED UNT'[L AUGUST 20~ 2002 A T THE RE(~IUEST OF APPL.~CANT) -laime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital; Sintilien Georges; .lesus and .loan Santiago 3 Agenda Regular City Commission Meeting Boynton Beach~ Florida August 6~ 2002 Location: Description: F. Project: Agent: Owner: Location: Description: 2700 Block of SW 4th Street Request to rezone a 1.43-acre parcel from R-l-AA (Single Family Residential-5.40 du/ac) to PU (Public Usage) 2002 AT Avenue (Golf Road) between PUD (Planned VTT. CONSENT AGENDA: Matters in this section of the Agenda "Consent Agenda" approval of the material to become a part of the Public recommended by the City Manager for item, with all of the accompanying ) staff comments. A. Minutes: 1. Agenda Preview 2002 2. July 2, 2002 3. Budg, 4. Special City of .luly 15, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve Marking Inc. for the Road with contingency Beach County Annual Pavement Rentals Highway Technologies, on Gateway Boulevard and High Ridge of $28,639.60 including 10% Award Bid #0~ Sara $ ( & 1;nstallaUon of Aluminum Fence at Inc. in the amount of $24,700 Approve the next amount of ! amount of convert Lift Lift' Station conversions (from can type to of Pompano Beach, Florida in the ./C_]D and the electrical c of West Palm Beach, Florida in the uotations, for a total of $197,710 to . and 712 4 Agenda Regular City Commission MeeUng Boynton Beach, Florida August 6, 2002 Approve Change Orders #5, #6, and #7 to Construction Technology in the cumulative amount of $11,863 for the Boat Club Park Renovations and Site Improvements Project Multi-award Bid #063-1412-02/COD "Annual Supply of Brass Fittings and Accessories" on an overall basis to the lowest, most responsible, responsive bidder who meets all specifications (although in some cases .lots were kept together), with an estimated expenditure of $150,000 Award bid for "Purchase/Install a New/Unused 230 KVV Dies? Generator to include Housing and a Storage Tank. at Fire Station #3, Bid #053- 2210-02/COD, to Bob Mitchell Associates, Inc. of Tampa, Florida in the a mount of $42,427 Award Architects Design Group, Inc. of Winter Park, Florida the consultant agreement for RFQ #040-2413-02/COD for the "RFQ - City- Wide Space Planning Study" in the amount of $88,780 (Proposed Resolution No, R02-119) Approve purchase of an Interactive Voice Response System (B/R) from Tele-Works, :Incorporated for their automated Building Field Inspection software and hardware, in the amount of $43,200, as a sole source vendor Resolution No. R02-120) Approve purchase of a boat trailer for $4,620 from Rayside Truck & Trailer for a newly COnfiscated boat for the Police Department 10. Approve the "piggy-back" of the City of Orlando, Florida, RFP #99-0384 to MBIA Muniservices ComPany (MMC) for a three-year consultant agreement to provide revenue enhancement services for property tax discovery services (Proposed Resolution No, R02-121) 1I. Approve the "piggy-back" qf the City of Orlando, Florida, RFP #99-0384 to MBIA MuniserVices Company for consultant to provide revenue enhancement services for occupational license tax {Proposed Resolution No, R02-122) 12. Approve the emergency purchase of a 12" diesel powered by-pass pump from Godwin Pumps of America in the amount of $81,535.20 and authorize the emergency repair of a 120 Hp EMU pump in the amount of $11,000 by A. Guthrie & AsSociates Resolutions: Proposed Resolution No. R02-123 Re: Fire/Rescue Mutual Aid Agreements between City of Boynton Beach and Boca Raton, Delray Beach, and Palm Beach County Fire Rescue Departments Agenda Regular City Commission Meeting Boynton Beach, Florida August 6, 2002 3~ 10. Proposedr Resolution No, R02-124 $1,287.25, for tt Re: Authorizing d in the amount of Building IdiUon Authorizing the amount of the Re: Authorizing of cash bond in the amount of Vlanagement the~ for the: Re: Authorizing ,cash: bond in the amount of $825, Pro the Re: Authorizing amount of $750, as Hypoluxo Cove Re: Execution of 356 Service Area ount of $93,600 agl an~ anc~ Re: Ratifying an Beach and Advanced Technical a clinical training site for EMT condL Re: Agreement to Woolbright Road Re: Adopting fee ns from cable providers and open or license 11. 3 Re: Release of Unity Beach 12. of July Re: Ratification of Treatment and Disposal Board action Authorization to expend,S6,000 from Repair & Replacement Funds on an emergency basis for chlorine system parts replacement 6 Agenda RegularCityCommission Meeting Boynton Beach, FIoHda Augu~ ~ 2002 g= h= ii. D. Ratification of Authorization to expend $3,500 from Repair & Replacement Funds to replace two caustic pumps Authorization to expend $9,000 from Repair & Replacement Funds on an emergency basis for "A" Plant flow splitter gate Authorization to expend $7,600 on an emergency basis from Repair & Replacement Funds to replace two submersible reuse pumps Authorization to increase Widell's sludge dewatering contract for miscellaneous changes for sludge project and aeration tank access ports (change order #2) by $28,334.50 for new total of $1,216,609.50 Authorization to enter into contract with H & H LSD, ]:nc. for sludge hauling and disposal for a one year term with option to renew for an additional two years Authorization to expend $50,000 from Repair & Replacement Funds to repair splitter box channel Authorization to expend $80,000 from Repair & Replacement Funds on emergency basis to repair sanitaire system in south aeration basin "A" Plant Authorization to establish wastewater user rate to cities for fiscal year 2002/2003 as follows: Operations & Maintenance Reserves' 2002/2003 $0.575/1,000 Gal $0.150/1,000 Gal Total $0.725/1,000 Gal Authorization for acceptance of 2002/2003 wastewater and reclaim O & IVl budgets and wastewater repair and replacement expenditures (Sinking Fund) Planning & Development Board Action: Medical Arts Professional Center (NWSP 02-009), NE corner of Golf Road and Congress Avenue - Request' New Site Plan approval for a 42,824 square foot medical facility in a C-1 zoning distdct on a 3.197-acre parcel 7 Agenda Regular City Commission Meeting Boynton Beach, Florida August 6, 2002 Monahan & Honahan (NWSP 02-0:L0), NW 7~h COUI~ and Boynton Beach Boulevard - Request New Site Plan approval for a 1,809 square foot office building in a C-2 zoning: ,n a 0.22-acre parcel Jdge Road - Request foot 2.28-acre VIII. E. Ratification of CRA Action: South side of SE 23~d Avenue f and the Florida East Coast Railroad right-of- way - Request new site plan approval for 17 townhomes on a 1.62-acre parcel 2. M& major site. 02-003), 63OIndustrial Avenue - Request for a ~odification 'to add 8,283 square feet to a 2,275 square t industrial Warehouse building for a total of 10,558 Parcel (TABLED IJNT'~L ,41JG1.1~'1' 20/ 2002) parking West Industrial Avenue, Lot 9 of North --Request new site plan approval to building, with related ;which services truck bodies Approve the "SurplUs Vehicle/Equipment List" as submitted by the Public Works Department and ~llow for the saie of Same Approve donation of $5,000 to The Juvenile Transition Center, ]:nc. of Boynton Beach from monies received from LoCal Confiscated Funds CZTY MANAGER'S REPORT: Review Boynton Beach proposals for Palm Beach County Parks and Cultural Facilities Bond Issue FUTURE AGENDA TI'EMS: A. Review of development plan for Marina Project (August 20, 2002) B. Discussion on Mangrove High School (August 20, 2002) Proposed ordinance regarding adopting the Boynton Beach Administrative Amendments to the 2001 Florida Building Code (August 20, 2002) D. Public Hearing for utility rate adjustments (August 20, 2002) Agenda Regular City Commission MeeUng Boynton Beach, Florida August 6, 2002 First Budget Public Hearing (September 3, 2002 - 6:00 p.m.) F. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) G. Final Budget Public Hearing (September 17, 2002) Resolution appointing Supervisor of Elections to handle and canvas absentee ballots and to represent the Municipal Canvassing Board at all LEA Testing (September 17, 2002) FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway AdminiStration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to; acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 01/15/02 (TBA) DEVELOPMENT PLANS: None NEW BUS~[NESS: None LEGAL: A. Ordinances - 2nd Reading - PUBI TC HEARING Proposed Ordinance No. 02-029 Re: Amending the Future Land Use Element of the Comprehensive Plan from Local Retail Commercial (LRC) to High Density Residential (HDR) for Showcase Realty (Kensington Place) ('TABLED TO 8/20,) Proposed Ordinance No. 02-030 Re: Amending Ordinance 91-70 to rezone a tract of land from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development) for Showcase Realty (Kensington Place) (tABLED ro B/20) Proposed Ordinance No, 02-031 Personnel Policy Manual (PPM) Re: Revisions to the Agenda Regular City Commission Meeting Boynton Beach, Florida August 6, 2002 Proposed Ordinance No. 02-032 Re: Amending Part III, Land Development Regulations, Chapter 1, Article V - Impact Fees and Dedications Pro Land Commercial (Kensington 129 Re: Amending the Future of the Comprehensive Plan from Local Retail g,h Density Residential (HDR) for Showcase Realty ON Proposed Ordinance No. 02-030 Re: Amending Ordinance 91-70 to .rezone a tract of land from C-2 (Neighborhood Commercial) to .=nt) for Showcase Realty (Kensington Place) Proposed the for the ,rdinanceNo. 02-033 Re: Amending Part II of for duties for the Code Compliance of the Code of Ordinances to provide of City Engineer as the Director of nt Proposed Ordinance No, 02-034 Re: Amending Chapter 18, Pensions and Retirement, Article III Municipal Police Officers' Retirement System, by amending section 18-167 Powers of the Board, providing for further diversification of investments Proposed :Ordinance No. 02-035 Re: Administration, Article III, Elections, Section establish a revised redistricting boundary map Amending Chapter 2, 2-41 Voting Districts to Proposed Ordinance No, 02-036 Re: Submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "CompOsition, Election, Terms, Vacancies," to provide that City Commission candidates shall reside within the district they seek to represent foria Period of not less than one year prior to filing for office Proposed Ordinance No. 02-037 Re: Submitting to referendum an amendment to the Charter, Article T, Se,~ion 21, entitled "Authority to Contract; Execution; Attestation ~and Seal, to eliminate the requirement that the Mayor shall ,execute all city contracts Proposedi Ordinance No. 02-038 Re: Submitting to amendment to the Charter, at Article I'V, entitled "SectiOn 49, entitled "General Provisions," to clarify the authority to hire or remove City employees without Commission confirmation 10 Agenda Regular City Commission Meeting Boynton Beach, Florida August 6~ 2002 Proposed Ordinance No. 02-039 Re: Submitting to referendum an amendment to the Charter, at Article IV, Section 50, entitled "Terms of Elective Offices," to modify term limits allowing Mayor to seek Commission seat and Commissioner to seek Mayor seat 10. Proposed Ordinance No. 02-040 Re: Submitting to referendum an amendment to the Charter, at Article IV, entitled "Administration," Section 54, entitled "Duties, Powers, Privileges of Mayor," to eliminate the authority of the Mayor to bid on behalf of the City at Judicial sales 11. Proposed Ordinance No. 02-041 Re: Submitting to referendum an amendment to the Charter, at Article IV, entitled "Administration," Section 55, entitled "Compensation of Mayor and Council," to eliminate the provisions in the Charter relating to the establishment of compensation for Mayor and Commission members 12. Proposed Ordinance No. 02-042 Re: Submitting to referendum an amendment to the Charter at Article IV-A, entitled "Merit system for Personnel," and in particular deleting Section 72.3, entitled "Personnel Director" 13. Proposed Ordinance No. 02-043 Re: Submitting to referendum amendments to the Charter at various articles and sections in order to delete obsolete or pre-empted provisions of the Charter and to consolidate and reorganize existing provisions 14. Proposed Ordinance No. 02-044 Re: Amending Section 6-5 of the Code of Ordinances, General Powers of Cemetery Board 15. Proposed Ordinance No. 02-045 Re: Amending Chapter 26 of the Code of Ordinances pertaining to the rates and charges for utility services 16. Proposed Ordinance No. 02-046 Re: Amending Ordinance No. 01-25, providing for amended qualifying periods and exempting the City from Laws of Florida, Chapter 83-478 Resolutions: Proposed Re$oluUon No. RO2-:L35 Re: Issuance of a "Notice of Intent" announcing the conducting of a Citywide planning study for building and zoning regulations applicable to storage facilities, self- storage facilities, mini-warehouses and warehouses 11 Agenda Regular City Commission Meeting Boynton Beach, Florida August 6~ 2002 XIII, D. Other: 1. Accept the mediated Hunter v, Ci~ of UNFINISHED BUSINESS: wi ~n case Toinette Wims- XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM, OR ACTIVITY CONDUCTED BY THE C1TY. PLEASE CONTACT ]OYCE COSTELLO, (561) 7z~2~6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY tN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 08/06/2002 8:11 AM S:\CC\W P~CCAGEN DA",AGEN DAS\YEAR 2002\080602.DOC 12 To: Mayor Broening From: Mark R. Scott Subject: Education Advisory Board IV. ADMINISTRATIVE ITEI~I B. July 16th, 2002 Due to continued health problems I feel that it is in the best interest of all parties that I submit my letter of resignation effected this date. I continue to be plagued with back problems since having surgery~ twice since January 9th. It has been both an honor and a pleasure to have served the city. Sincerely, Mark R. Scott V.-ANNOUNCEMENTS & PRESEI~TATTONS :Item A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned tn to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August t9, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to Ciw Clerk's Office [] October 1, 2002 September 16, 2002 (Noon) I I October 15, 2002 September 30, 2002 (No ~a)~z [] November 6, 2002 October 14, 2002 (Noo~ [] November 19, 2002 November 5, 2002 [] Administrative [] Development Plans ~-~ --~' c~ [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: The Police Department's Police Athletic League's under 16 boys basket ball team became National Champions in July. The Police Department's Explorer Post took a gold medal and other trophies in the 31st Annual State Competition the same week. Mr. Bressner to present certificates to the teams and members. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~gnamre Department Name Ci't~ Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC LICE DEPARTMENT'i~ BOYNTON BEACH PO Ii ~ ---~/Iii PUBLIC INFORMATION OFFICE I~l JUL - 2 ~iIL l t GENERAL NEWS RELEAS | ] ICITY MANAGER'S OFt~iCEI NATIONAL CHAMPIONS BOYNTON BEACH PAL UNDER 16 BOYS BASKERBALL TEAM On June 240' 2002 the Boynton Beach Police Athletic League's Boys Basketball Under 16 team, traveled to Cincinnati, Ohio to compete in the National PAL Basket Ball Tournament. Teams fi-om all over the country compete in this annual event. Boynton finished the weeklong competition with a 5-0 record (wins over Boston, Washington, D.C., Richmond, VA, and St. Petersburg, FL) cumulating in their victory over the three time defending National Champions Atlantic City. The team's coaching staff Head Coach Greer Wright Assistant Coaches Fontaine Watkins The team is managed by PAL Director Team Romster Name School Kenny Banks Boynton High Grlenntys Kicking Stallion Sims, Jr. American Heritage Pemell Davis Leemire Ooldwire Baxter Grisby Tavarus Harris Boynton High Dwyer High Boynton l-{igh Santaluces High Joe Evans Dennis Rumph Joe 1V[atth~,vs Officer William Tome Height/Weight Position 6'0" / 170 G / F 6' 11" / 240 C 6'0" / 180 SG 6'0" / 185 G 6'1"/210 F 5'11"/175 G Grade/DOB I 1 - 12/17/85 11 - 09/15/86 10 - 11/27/85 11 - 11/24/85 10 - 03/09/87 11 - 04/17/86 Page 1 Dave Noel Boynton High 6'3" / 200 G / F Dionte Perry Boynton High 6'5" / 215 F / C Hilton Pitts John I. Leonard 6'3" / 215 F Johnny Stephene Boynton High 6'0" / 1 gO G Billy Taylor Boynton High 6'5" / 220 C Daniel Williams Boynton high 6'0" / 170 G 11 - 09t25t85 10 - 07112/86 I 1 - 01/07/86 10- 10/17/86 10 - 07/11/$6 I O - 05/04/86 If you have any further questions please page Officer Tome at (561) 751-5353. DATE AND TIME OF RELEASE: AUTHORIZED BY: TITLE: 07102102 1230 Lt. Danysh Public Information Officer Page 2 BOYNTON BEACH POLICE DEPARTM PUBLIC INFORMATION OFFICE GENERAL NEWS RELEASE V.-ANNOUNCEMENTS & PRESENTATIONS Item A. 1A During the week of June 24th the Boynton Beach Police Department Explorer Post #396 traveled to Tampa, FL to compete in the 31st Annual Florida Association of Police Explorers State Competition. Boynton's Post competed against 37 other posts from around the State. Officer Frank Danysh serves as the Post's Advisor. Explorer Sergeant Cory Gray took the gold medal in the Individual Bike Obstacle Course Competition. The team of Cory Gray, Rosaline Decteur, Matthew Hanyecz, and Austin Hicks took third in the team competition for the Bike Obstacle Course. The team of Cory Gray and Rosaline Decteur took 5th in the Tie Breaker competition. The following is the membership of Explorer Post 396. Boynton Beach Police Explorer Post 396 (The first six members are the members that competed at States) Rosaline Decteur Cory Gray Rudy Gullaume Matthew Hanyecz Austin Hicks Jimmy Ogenio DOB DOB DOB DOB DOB DOB 01/09/84 04/10/84 04/12/83 01/23/88 06/14/86 01/04/86 Anyone interested in the Explorer Post is asked to call Officer Danysh at 742-6150. DATE AND TIME OF RELEASE: AUTHORIZED BY: TITLE: 07/02/02 1100 hrs Lt. Danysh Public Information Officer Page 1 CITY OF BOYNTON BEA AGENDA ITEM QUEST F V. ANNOUNCEMENTS & PRESENTATIONS Item B.2A Requested City Commission Meeting Dates August 6, 2002 August 20, 2002 September 3, 2002 September 17, 2002 Date Final Form Must be Turned ~n to City Clerk's Office July I7, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) GEATURE OF NDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ',OMMENDATION: Department Director presents the 2001 Florida Tree City of the Year Award to the City Commission. One hundred and twenty-five cities in Florida applied for the award this year. The Florida Urban Forestry Council awarded ~e City of Boynton Beach the designation became they perceived Boynton Beach as a city that was taking a proactave stance towards the use of trees in the urban environment. The purpose of the program is to recognize communities that are effe~ively~ . . managing their tree resources and to encourage implementation of a local tree management program based on, the' T~ee! City USA standards. The City received Recertification as a Tree City USA 2001 for the eighteenth time last year. IMPACT: a Tree City USA helps present the image that most citizens want to have for the place they live or conduct business, prOspective businesses that the quality of life is better there. Gaining and retaining Tree City USA recognihon award to the employees, volunteers, board members and others who work on behalf of the community's trees. Non-, citiz.,~ns sha~e a sens ,~ of pride that theirs is a Tree City USA which can translate into better tree care on private or a willingness to vOlunteer in the future. Tree City USA communities are sometimes given preference over other of grant money are made for trees or forestry programs. are no direct costs associated with the request. award from the Tree City USA Committee. Department Head's Signature ' ~ City Manager's Signature Deparmaent Name City Attorney / Finance / Human Resources S:XBULLETRq'xFORMSXAGENDA 1TEM REQUEST FORM.DOC V. ANNOUNCEMENTS & PRESENTATTONS Item B.3. CITY OF BOYNTON BEAC AGENDA ITEM QUEST Requested City Commission Meeting Dates. [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November ! 9, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Presentation of an $112,500 grant award to the City of Boynton Beach by various members of the State Legislature. EXPLANATION: The City's Parks Department staff submitted a grant application to the Florida Department of Environmental Protection under their Florida Recreation Development Assistance Program (FRDAP). The State Legislature has approved the grant, and members of the Legislature will attend at the City Commission meeting to present the grant. The City will use the money to purchase two parcels of land adjacent to Wilson Park, for future expansion of the park. PROGRAM IMPACT: The awarding of the grant shows our community how supportive the State Legislature is of our Parks and Recreation program. FISCAL IMPACT: There are no direct costs associated with the request. ALTERNATIVES: Not to accept thc grant award from the Florida Department of Environmental Prgx~ction. J - D~artment Herd's gignature // ' ' "' Cl"ty-Manager's Signature . /$ Department Name City Attorney / Finance / limn Resources S:EBULLETIN~ORMSX~GENDA ITEM REQUEST FORM.DOC jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Flor da 32399-3000 June 24, 2002 David B. Struhs Secretary Ms. Barbara Meacham Parks & Landscape Planner City of Boynton Beach Post Office Box 310 Boyton Beach, FL 33425-0310 Re: Palmetto Green & Wilson Parks Expansion FRDAP Project No. F03508 Dear Ms. Meacham: Congratulations! We are pleased to inform you that the Florida Legislature has funded the 2002-2003 Florida Recreation Development Assistance Program (FRDAP) priority list, The City of BoyntonBeach has been approved for $112, 500, which is a grant for Palmetto Green & Wilson Parks Expansion. The support of the Legislature is critical for continued funding of FRDAP projects. With that in mind, a ceremonial check for your project is enclosed. We encourage a joint event with your legislative delegation and local elected officials. Your legislative delegation will be notified that your project was funded and that the ceremonial check was sent to you. A sample of the letter sent to legislators is enclosed. We suggest you coordinate with them for a dedication ceremony. To assist you with this grant, we will conduct two Grant Implementation Workshops. The workshops will be held in Tallahassee on July 25 at DEP's Twin Towers Complex and at the Kissimmee Civic Center on July 23 Attendance is not mandatory but if you have not previously attended, we strongly encourage your participation. All workshops will be held from 8:30 a.m. until noon. Driving instructions are enclosed. If you have any questions, please contact our office at (850) 488-7896. We look forward to working with you on this project. Sincerely, A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks, MS 585 Enclosures cc: Ms. Wendy Spencer P. S. Please let us know when your check presentation is set. We would like to celebrate with you! "/'Vlor£' P .... ttt;t~. LUS~ Pnn[ed on recycled pager. Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARI IG ITEM A. CITY OF BOYNTON BEAC] AGENDA ITEM QUEST FORM Date Final Form Must be Turned in m City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aunouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Public Hearing. This item was tabled from the July 2, 2002 meeting. For further details pertain/rig to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23ra Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Deve 1 ~i~; D ep~C~ment D ~r e ctor Planning and Zoning ~i~ctor City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPXPROJECTSXSHOWCASE CONTRACTORSLKensington Place f.k.a. Showcase TownhomesXLUAR 02-003XAgenda Item Request LAUR 02-003 Showcase Amend 8-6-02.dot S:x. BULLETIN'ffORMS~GENDA ITEM REQUEST FORM.DOC Clt~ Manager's Sxgnature DEYELOPMENT DEPARTMENT PLA~ING & ZONING DIVISION MEMORANDUm[ NO. PZ 02-111 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: Chairman and Members Community Redevelopment Agency Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning ~'une 3, 2002 PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Town_homes/Showcase Contracting, Inc. Vince Zabik Showcase Realty and Contracting, Inc. South side of SE 23~d Ave. (Golf Road) ber;veen Federal Highway and the Florida East Coast Railroad right-of-way Land Use Amendment/Rezoning (LUAR 02-003) Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent Land Uses and Zoning: North: Right-of-way of SE 23~ Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. South: Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/townhome units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. West: Florida East Coast Railway right-of-way, then the right-of-way of SE 2'~ Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place To~vnhomes PROJECT ANALYSIS The subject parcel totals -1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part ora staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit de~:~ity exceeding 50 in the hurricane evacuation zone without w~itten approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue: to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." · he subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It is, however, in the City-designate~ Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the portion of SE 234 Avenue east of the railroad. c. Whether changed or changing'conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensington Place Townhomes d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The co 300 gallons per day ess than The Palm Beach Count3 project will generate no more Performance Standards. n and has determined that the With respect to solid waste, the SWA has stated within a letter dated December 18, 200 t that adequate capacity exists to accommodate the County s mumcxpahues throughout the 10-year pl rmmg period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or wou-ld affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23~ Avenue remains in residential use, it.would not be incompatible with those uses. f Whether the property is physiCally and economically developable under the ~:isting zoning.. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small strip center or medical offices. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal High~vay Corridor and will also increase the variety of types and styles to support general economic expansion. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. CONCLUSIONS/RE COM~IENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staffrecommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACKS Ch~MAIN~SHRDAI'A~Innnin~S[~I~W~A~ROJECTS~HOWCA~E CONTR..~CTOR. S~J~-ltsin~ton Pl;~e f~k.~. Sl~lw~,e To-,~hon~es~LLrAR Location Map SHOWCASE TOWNHOMES .t/ r c1/ / C3 400 0 400 800 1200 Feet / Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PU BLIC H EAR [NG ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a,m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in ro City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Public Hearing. This item was tabled from the July 2, 2002 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23ra Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to rezone from C-2 Neighborhood Commercial to Planned Unit Development (PUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A De~"~161~me~t eD'~art~ne~tkDir e cto r ~~amre Planning and Zoning ~ir[ctor City Attorney / Finance / Human Resources SSPIanning\SHARED\WP~PROJECTS\SHOWCASE CONTRACTORS~Kensington Place f.k.a Showcase TownhomesXLUAR 02-003~_genda Item Request LAUR 02-003 Showcase Rezone 8-6-02.dot SSBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC DEYELOPMENT DEPARTMENT PLANNING & ZONING DIVISION ~LENIORANDU~'I NO.: PZ 02-111 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: Chairman and Members ;ommunity Redevelopment Agency Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning $une 3, 2002 PRO,FECT DESC RXPTION Kensington Place ~'..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Vince Zabik Showcase Realty and Contracting, Inc. South side of SE 23~ Ave. (Golf Road) bet~veen Federal Highway and the Florida East Coast Railroad right-of-way Land Use AmendmenrYRezoning (LUAR 02-003) Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and Zoned C-2, Neighborhood Commercial To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent North: South: East: We~t: Land Uses and Zoning: Right-of-way of SE 23~ Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi,family Residential. The property nearest the subject parcel is developed with four-plex/townhome Units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab eccupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2~ Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place Townhomes PRO.IECT ANALYSIS The subject parcel totals _.+I.62 acre. Because of the size of the property under consideration, the Flor/da Department of Community Affairs classifies tiffs amendment as a "small scale" amendment. A "small-scale" amendment is adopted pr/or to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These crkeria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. ao Whether the proposed rezoning wouM be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit de. gity ~rceeding 50 in the hurricane evacuation zone withottt Written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the prOPerty, in order to comply with policies contained in 'the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The Ci~, shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where 'the demand for commercial uses will not increase, /'~", particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing s~, les and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. b. Whether the proposed re'zoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed re'zoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the conversion from the older residential development to commemial uses has occurred only in spots along the portion of SE 23"l Avenue east of the Whether changed or changing'conditions make the proposed r~oning desirable. The South Florida housing market has experienced a growing popularity oftownhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensin~on Place Townhomes d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined 300 gallons per The. Palm Beach County Traffic Eng/neering Division i project will generate no more the :: Performance Standards. County's. Traffic With respect to solid.waste, the SWA has stated within a letter dated December 18, 2001 that adequate capacity exists to accommodate the County's municipalities, throu_*hout~., the 10-.,year ,.nla~r, in~,_. ~ ~,e~, ,4,,,~ ..... Lastly, drainage will satisfy all [te plan use application, and must e. Whether the and nearby properties, or would t properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fi- ' ~ · - · onting on SE .23 Avenue remauas ua residential use, it would not be incompatible with those uses. f. Whether the property is physically and economically developable under the ~:isting zoning.. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small strip center or m~dical offices. g. Whether the proposed r~oning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the var/ety of gapes and styles to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the propOSed use, in distn'cts where such use is already allowed. rhere are very few residentially designated sites in the City that would provide oppommities for a small to medium-s/zed developer to build a project of this size. CONCLUSIONS/RECOMMENDATIONS ks indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create dditional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be ompatible with adjacent land uses and will contribute to the overall econorrdc development of the City. 7aerefore, staffrecommends that the subject request be approved. If conditions of approval are recommended y the Community Redevelopment Agency Board or required by the City Commission, they will be included as Xhibit "B". ,TTACI-IMENTS Location Map SHOWCASE TOWNHOMES /! / C3 40O 0 400 800 1200 Feet VI.-PUBLZC HEARING ITEM C. CITY OF BOYNTON BEACIq AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] October 1, 2002 September 16, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids I t Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-131. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lighthouse Academy (COUS 02-003) Robert Kuoppala, Kuoppala & Associates Julius G. Francis 202 W. Boynton Beach Boulevard Request Conditional use/New Site Plan approval to construct a 5,032 square foot, 100-child daycare facility on 0.62-acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: n N/A D eve lopmenr~D~ep almaeht I~ire~tor Planning and Zoning Director City Attorney / Finance / Human Resources SAPlanningXSHARED\WPX,PROJECTS~Lighthouse Academy~Agenda Item Request Lighthouse Academy 8-6-02.dot City Manager's Signature S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMO~UM NO: PZ 02- 131 TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Lusia Galav, AICP Principal Planner July 1, 2002 Lighthouse Academy- COUS 02-003 Conditional Use Approval -Daycare / Preschool pROPOSAL SUMMARY Contained herein is a description of the subject project. The subject property is a rectangular shaped lot located on the southwest comer of Bo)mton Beach Boulevard and Northwest 1s* Street, more particularly described as 202 West Boynton Beach Boulevard. Currently, the subject property contains a vacant single-family home. According to the Land Development Regulations, a single-family home is considered a non-conforming use in the C-2 zoning district. The applicant proposes to raze the existing residential home and replace it with a 5,032 square foot dayc. are facility. Daycares are conditional uses in the C-2 zoning district. The site will also contain an outside play area, which is required under State regulations. The property is also located within a Primary Commercial Target Area as defined by the Comprehensive Plan. In addition, according to the Vision 20/20 Redevelopment Master Plan, Boynton Beach Boulevard will continue to be the major access from Interstate 95 to the downtown area as well as a connector over the Intracoastal Waterway via Ocean Avenue. The Master Plan endorses several development characteristics for this commercial corridor. This will be one of the fh'st "in-fill" redevelopment projects near the downtown. The building design / architectural style / signage of subsequent projects in / near the City's downtown area (and areas identified within the Vision 20/20 Redevelopment Master Plan area) could be influenced by the preferred attributes of this project. Owner: Julius G. Francis Agent: Robert Kuoppala of Kuoppala & Associates Proj eot name: Lighthouse Academy General description: Conditional use / new site plan approval for a 100-child daycare facility with its required outside child play area. Property size: 27,104 square feet (0.622 acres) Land use: Local Retail Commercial (LRC) Current Zoning: Neighborhood Commercial (C-2) Location: 202 West Boynton Beach Boulevard . Building area: (See Exhibit "B" - Proposed Site Plan) Lighthouse Academy - COUS 02-003 Page 2 Memorandum No; PZ 02-131 Surrounding land uses/zoning: North- Boynton Beach Boulevard right-of-way, farther north is a commercial use (Superb Signs and Randall Ebling Chiropractic) with a Local Retail Commercial (LRC) land use classification and zoned Neighborhood Commercial (C-2); East - Northwest 1st Street right-of-way, farther east is an office use (Palm Beach Chiropractic) with a Local Retail Commercial (LRC) land use classification and zoned Neighborhood Commercial (C-2); South - West - Developed single-family homes with a Low Density Residential (LDR) land use classification (Office / Commercial Overlay) and zoned Single-family residential (R-I-A); Commercial use (Barbara Matthews) with a Local Retail Commercial (LRC) land use classification and zoned Neighborhood Commercial (C-2). STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as' shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the survey, the property currently has two (2) points of ingress / egress (curb cuts), one on Boynton Beach Boulevard, the other along Northwest 1s' Street. The subject property proposes one main point of ingress~egress. The project intent is to close off the curb cut along Boynton Beach Boulevard and preserve the existing opening along Northwest Ist Street. The driveway along Northwest ls` Street will be widened to 24feet in order to comply with code. Afire (5)foot wide sidewalk exists along Boynton Beach Boulevard. This will be connected to the proposed sidewalk along Northwest 1st Street. This connection will be in keeping with the recommendations of the Vision 20/20 Redevelopment Master Plan. A traffic statement was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project will generate 270 new average daily trips and meets the Traffic Performance Standards of Palm Beach County. Off-street parking and loading areas where required, with particUlar attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Lighthouse Academy - COUS 02-003 Page 3 Memorandum No. PZ 02-131 The Vision 20/20 Redevelopment Master Plan recommends that parking for properties along the Boynton Beach Corridor between Interstate 95 and Seacrest Boulevard should be located to the rear of buildings, where possible Although the proposedparking lot for. st the daycare facility will not be located at the rear of the building, it Will be situated along Northwest 1 Street and not between the building and Boynton Beach Boulevard. This design partially meets the intent of the recommendation, The daycare facility requires an outdoor play areafor the child/em The oUtdoor Platy area will be loCated to the r~ar of thk buildin-g. The parking requ use. All parking the h~ 11.H. 16. c. 4. to the building cocherefor the (2) spaces in. ~ed Section tWO 3. Refuse and service areas, with particUlar reference to the items: in subsection 1 and 2 above. No dumpster enclosure is required or proposed for the subject project. The City Public Works Department determi-ned that rollout containers would -be an adequate method )~r trash removal. 4. Utilities, with reference to locations, availability, and compatibility, Consistent with Comprehensive Plan policies and City regulations, all utilities, including potable water and sanitary sewer will be in place prior tO the issuance Of a certificate of ocCUpancy. 5. Screening, buffering and ilandscaping with reference 'to type, dimensions, and character. The project perimeters include a 7-foot wide landscape buffer strip along Boynton Beach Boulevard and Northwest Ist Street. The building is situated on,site to be as close to roadways as possible (in conformance with the Vision 20~20RedevelOpment Master Plan s recommendaaons) and to be as far away from the residential properties, to the south. The north perimeter buffer (along Boynton Bach Boulevard) will contain Silver Buttonwood, Yellow Elder, and Dahoon Holly trees. The groundcover will consist of Liriope, Wedelia, and Plumbago. The. buffer will also contain a row of Re'tip Cocoplum hedges. The swale along Boynton Beach ~ ive Oak trees. Th'e lands'cape buffer along Northwest 1st Street will have DahoOn Redtip CocoplUm hedges, required along the southern p~ plan proposes a buffer wall painted on both sides to occupancy. Staff recomme~ columns, and "C" ' Co of ApprovaO.: Satin Leaf, and Silver Buttonwbbd tt will also have Section 4.L., a buffer wall is land uses. The The wall will be of a certificate of wall be enhanced with details such as cornices, building colors (see Exhibit cape ~ will contain Live Oak. Signs, and proposed exteriOr lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony w~fl~ a~jaCent and nearby properties. The maximum allowable wall signage area is based upon the linear frontage of the proposed daycare Lighthouse Academy - COUS 02-003 Page 4 Memorandum No. PZ 02-131 building. The ratio is based upon 1~ square feet of sign area for every one (1)foot of linear building frontage. Since:the frontage of the building is 74feet in length, the maximum allowable wall signage area is 111 square feet. According to the elevations, one (1) wall sign is proposed on the north facade. The elevations show the location of the proposed wall sign but do not indicate the sign type or colors. The elevations indicate that the sign will be 110 square feet in area. The elevations show that the wall sign appears out of Scale with the north building faqade. No sign material or sign colors were submitted with this application. Since this is unknown, staff recommends that the future sign type, color, and style be consistent with the Sign Guidelines of the Vision 20/20 Redevelopment Master Plan (see Exhibit "C"- Conditions of ApprovaO. All signage must meet the requirements of Chapter 21 of the Land Development Regulations. The plan proposes a freestanding monument sign to be located near the middle of the property line along Boynton Beach Boulevard. It will be placed at least 10 ,Feet from the property line. According to the elevations, the monument sign face will be 48 square feet in area. As proposed, the monument sign will be eight (8)feet in height and be eight (8)feet in width. The elevations do not show the sign-face type or colors of the monument sign. Since this is unknown, staff recommends that the future monument sign type, color,'and style be consistent with the Sign Guidelines of the Vision 20/20 Master Plan. Also, staff recommends reducing the size ~of the monument sign and adding more architectural elements and detail to the sign. The lettering and color of the monument stgn shall match the same of the wall sign (see Exhibit "C" - Conditions of Approvat)i. The site address will be identified on each side of the monument sign. 7. Required setbacks and other open spaces. In general, the Vision 20/20 Redevelopment Master Plan endorses the urban concept of locating buildings closer to the property lines along rights-of-ways. The building is as close to the property lines along Boynton Beach Boulevard as allowed by setbacks requirements of the C-2 zoning district. Nearly half the site or 11,833 square feet will be pervious area. 8. General compatibility with adjacent property and other property in the zoning district. £n general, the proposed project is compatible with the existing commercial uses adjacent to the subject property. There will be minimal on-site impact and no adverse effects will occur because the proposed daycare use will operate during daytime hours. There will be little or no impact to the adjacent properties or to the general area. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The Lighthouse Academy is designed as a one-story building with the top of the aluminum railing of the false tower to be 24feet - 10 inches in height. The top of the parapet wall will be 21feet -four (4) inches in height. The base of the roofline will be 12feet in height. The roof will be a blue color standing seam metal roof. The entire building, particularly the facades facing the rights-of-way, has been designed to enhance the overall appearance of the Boynton Beach Boulevard Corridor. The exterior walls of this new structure will have smooth stucco finish., and painted cream in color (Porter 6884-1 Indian Ivory). The accents will be gray (Porter 7166-1 Medium Gray). Lighthouse Academy - COUS 02-003 Page 5 Memorandum No. PZ 02-131 As previously mentioned, this will be one of the first redevelopment projects along Boynton Beach Boulevard near, the downtown. 'The building design / architectural style / signage of Subsequent projects in / near :the City s .downtown area (and areas identified within the Vision 20/20 :RedeVelopment Master Plan area) Could be influenced by the preferred attributes of this project. 10. 11. 12. Economic effects on adjacent and nearby properties, and the city as a whole. As stated in the project summary, the subject property currently contains a single-family home. According to the Land DeVelopment Regulations, [~ sinble~amily home is a non-conforming use in this commercial zoning district. Th~ applicant is proposing t~ de-m~lish the existing house and replace it with a commercial dayc[~re facility. Staf~ considers the Conversion of uses (from resi-dential t° com-mercial) as both necessary and desirable. The Vision 20/20 RedeVelopment Master plah endorses :infill businesses along Boynton Beach Boulevard The daycare / preschool use will be the first such facility along the Boynton The proposed use will constitute additional ConVenience and :choice for neighboring residential subdivisions. Beach BouleVard corridor. residents of the CiO, and Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach 'Code of Ordinances. (Part III Chapter 4 Site ~lan Re_view). With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed daycare / preschool use would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary approvals and licenses from all applicable governing bodies, including but not limited to the Palm Beach County Health Department and Florida State Department of Health, which are required for the daycare /preschool operation. RECOMMENDATION Based on the discussions contained herein, in compliance with all applicable development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. Ma/ell S:XPlanning~SHARED\WI~PROJECTS~Lighthouse Academy\COUS staffreport, doc · n Locabo Map Lighthouse Academy EXHIBIT "A" BO,,YNTON BEACH BLVD .... i ST '~v' R1A vv i,~1 , NE-3-RBM~VE PU __C3_ E OCEAN AVE N REC EXHIBIT' "B" LIGHTHOUSE ACADEMY ),ND CHILD DEVELOPMENT CENTER EXHIBIT "B" PROPOHED LIGHTHOUSE ACADEMY AND CHILD DEVELOPMENT CENTER EXHIBIT -"B"'~~,~ ' 155.52' EXHIBIT "B" LIGHTHOUSE ACADEMY AND CHILD DEVELOPMENT CENTER EXHIBIT "B" EXHIBIT "B" ~i~"'FH~ ACADEMY AND CHILD DEVELOPMENT CENTER EXHIBIY "B" li~l~c ~,~lt,~th iii , t Il ~!lt I,. ,; l,, ...; .. lIV ~.~ I~.~ - ~l~l;~llllihl Ill I ,t li~lttll~l! ti 1'~ I · q ml,t Jj ~'J lllj ""  ~ll,l,illt i~ J lill, i I i i I.iii,, .I ii . 1,l, il ~ It -, II' 'ill J 1i Il !~I "~'-' ~ !~ ,;, .,,,,I "1'!, :; Iti iii :lllil :": 'I! ti i[ litl: I ,itl: r- ~;,~, ~.~ ~' LIGHTHOUSE ACADEMY Ai~D Exhibit "C" Conditions of Aooroval Project name: Lighthouse Academy File number: COUS 02-003 Reference: 2na review plans identified as Conditional Use COUS #02-003 with a June 21, 2002 Planning and Zoning Department date stamp marking. · DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X Comments: 1. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Show all existing utilities on site development plan (LDR, Chapter 4, X Section A.3). 3. Provide a drainage plan in accordance with the requirements of the LDR, X Chapter 4, Section 7.F. 4. Staff recommends relocating the Type "A" inlet located w/thin the X Playground to an area where it will not pose a hazard. BUILDING DIVISION COA 07/12/02 2 DEPARTMENTS :INCLUDE REJECT Comments: 5, Identify :the flOOr elevatiOn that the design Professional has established for : :X the building within the footprint of the building that is shown, on the . drawings titled site plan, floor plan and paving/drainage (civil planS). 6. At time of p~t ~review, submit signed and sealed working drawings of the proposed constructiOn. 7. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RE CREATION [ Comments: None X FORESTER/ENVIRONMENTALIST Comments: 8. There are 4-5 existing trees on the site. X a) 48-inch diameter Ficus benjamma tree b) 28-inch diameter Sausage tree c) 18-inch diameter Mahogany tree d) 12-inch diameter Mahogany tree e) 30+inch diameter Live Oak tree (may be on the adjacent property line). The applicant must indicate on the landscape plan if all of these existing trees will be preserved in place, relocated, or removed and replaced on the site. A symbol on the plant list should indicate these trees. This is not shown on the landscape plan submitted with the conditional use application. PLANNING AND ZONING Comments: 9. The elevations show that the wall sign appears out of scale with the north X building facade. No sign material or sign colors for the proposed wall sign or monument sign were submitted with this application. Since this information is unknown, staff recommends that the future sign types, colors, and styles be consistent with each other and with the Sign Guidelines of the Vision 20/20 Master Plan. The design of the wall / monument sign must be approved by the Planning & Zoning Division prior to the issuance of a building permit. In addition, staff recommends COA 07/12/02 3 DEPARTMENTS INCLUDE REJECT reducing the height and width of the monument sign and adding more architectural elements and details to the sign The monument sign. height should be reduced from eight (8) feet in height to six (6) feet in height and the width should be reduced from six (6) feet in width to five (5) feet in width. 10. Staff recommends that the style of the buffer wall be enhanced with details X such as cornices, columns, and multiple colors tones (Medium Gray and Indian Ivory to match building color). 11. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time X limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project to pull a building permit. COMMUNITY REDEVELOPMENT AGENCY COMMENTS Comments: 12.. Omit condition #4. X 13. Condition ~4 should read, Staff requires the reconfiguration/relocation of the Type "A" inlet currently proposed in the center of the playground area X so that it will not pose as a potential hazard. 14. The top of the A/C units and mechanical equipment shall not be higher than the parapet wall. X 15. The drive aisle shall beno wider than 24 feet in width. X 16. All parking spaces (excluding handicap space and drop-off spaces) shall X be 9 feet in width by 18 feet in length. 17. Eliminate the parking space label #14. X 18. A dumpster enclosure with wood gates and metal framing be incorporated X into the design. 19. Applicant shall reconsider relocating the "ship's ladder" and possibly do a X scuttle hole to access the flat roof, thus continuing the metal roof along the south property line. COA 07/12/02 . DEP~TMENTS INCLUDE REJECT 20. The hours of opcrati~ Monday thru Friday for the business shall limited to 6:30 p.m. t0! 8:00 p ,m. , , shall X 21 The children's playground hours of operation Monday thru Saturday be limited to 9:00 a:m. to 11:00 a.m. ~nd 3:00 p.m. t° 5:30 p.m CITY COMMISSION COMMENTS Comments: 22. To be determined. S:\Planning\SHARED\WP\PROJ ECTS\Lighthouse Academy, COA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lighthouse Academy APPLICANT'S AGENT: Robert Kuoppala / Kuoppala & Associates APPLICANT'S ADDRESS: 5204 Tenth Avenue North Lake Worth, FL 33463 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: Request Conditional Use / Site Plan approval for the construction of a 5,032 sq uare-foot (100 children) daycare facility. LOCATION OF PROPERTY: 202 West Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynt. on Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJ ECTS~Lighthouse Academy\DO.doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a 4 to 3 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-142 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Physician Parking (LUAR 02-004) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago 2700 Block of SW 4t~ Street Request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel from Low Density Residential (LDR) to Public and Private Government/Institutional. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~] N/A~ Developmer~5 ep~thrn~n~ ~5'~ector - 'Planning and Zoning~Dffector (~i'ty M~a~r's Signature City Attorney / Finance / Human Resources SSPlanning~SHARED\WP~ROJECTS~Bethesda~LUAR 2002~genda Item Request Bethesda Hosp. LUAR 024)04 8-6-02.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-142 TO: FROM: THROUGH: Chairman and Members Planning an~. · D~nt Board Dick Hudson~ent4r Planner Michael W. Rumpf Director of Planning and Zoning DATE: July 15, 2002 Proj ect/Applicant: PROJECT DESCRIPTION Bethesda Memorial Hospital Agent: Owner: Jamie Gentile/Kilday and Associates, Inc Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago Location: 2700 block of SW 4th Street (Seacrest Hills) (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 02-004) Property Description: Four single-family homes as well as vacant property comprising +1.43 acres, classified Low Density Residential (LDR) and zoned R-l-AA (Single Family Residential) Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPGI), and rezone from R-l-AA (Single Family Residential) to PU (Public Use) for the purpose of building an auxiliary parking facility. Adjacent North: Land Uses and Zoning: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-I-AA (single family residential). South: East: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). Developed property (Bethesda Memorial Hospital campus) designated Public & Private Governmental/Institutional (PPGI) and zoned PU (Public Use). West: Right-of-way of SW 4th Street then developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). PROJECT ANALYSIS The subject parcel totals +1.43 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small- scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. Page 2 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency: Planning Division and the City's risk manager. Theplanning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.16.1 provides a definition of the Public and Private Governmental/Institutional land use classification and lists the uses generally allowed, including: "institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensity of a hospital use, however, is closely related to more intense commercial or industrial uses, both in terms of traffic generated, hours of operation, number of persons employed, light and noise impacts, as well as in terms of benefits to the community. There are pohcies addressing the incompatibilities between residential uses and both high-intensity commercial and industrial uses. Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows: 1.17.3 "The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zOning regulations"; and, 1.17.4 1.17.4 "The City shall: adopt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, in addition to buffer walls." The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the existing incompatibilities, stating, "Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates." b. Whether the proposed amendment/rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The applicant offers that by extending the hospital-related parking uses into the residential neighborhood; a suitable and significant buffer can be created ro alleviate the incompatibility issues. The proposed land use amendment :and rezoning might appear as ancillary to the abutting hospital uses to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into the stable residential neighborhood to the west. Even though the hospital's most intense impacts are in very close proximity to the homes, there is a regular and accepted boundary separating the two uses. The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable residential neighborhood, but could also have a negative effect on property values, in parr by establishing a unique element that would make the neighborhood less desirous as a place to live. Page 3 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 c. Whether changed or changing conditions make the proposed rezoning desirable. The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes to solve a part of that dilemma with the construction of two covered parking structures for physicians: A July 1999 in-house parking study, prepared for Bethesda Memorial Associates, Inc., demands. The of any, more recent, update the hospital's plans exploring staff, so that been have approached the city in The use services. not be' as 40 trips Whether the proposed use wouM be compatible with utility systems, roadways, and other public facilities. ~ dwellings and four vacant parcels from the land supPly for residential water and Sewer services as well as recreation facilities and by the applicant :states that the proposed parking facilities would '~ on the residential street by as many is not expected to generate any additional traffic to the overall hospital property. With respect to solid waste the Solid Waste Authority has stated, within, a letter dated December 18, 2001, that adequate capacity exists to ~ the 10-year planning period. Lastly, :~trainage wil1 also be reviewed: application, arid must satisfy all requirements of the e. Whether the proposed rezoning would be compatible with the current and future use of adjacent an~ ne-arbyproperties, or would aff~'ct the Property values of adjacent or nearby properties. As stated in response to criterion "b" above, both the applicant and staff agree that the use is incompatible with the abutting residential uses. While the applicant sees the Construction of parking structures as an enhancement t° ~he residential neighborhood that could have a positive inflUence on property values, staff is of the opposite opinion. f Whether the property is physically and economically developable under the existing zoning. Physically, the vacant property is developable for single-family homes. In the justification for the amendment/rezoning, the applicant states that some of the most noxious uses associated with the hospital abut these properties, thereby already reducing the economic value of them for residential use; and further states, that the size and dimensions of the property make it unsuitable for any hospital-related use other than parking. g. Whether the proposed amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Based on site plans submitted for the parking structures, there will be a total of eighty-five (85) covered parking spaces provided. Given the existing spaces that will be loSt to circulation and landscaping, the net increase is seventy-three (73) spaces. This increase may relate to the immediate needs of the hospital's doctors; however, it seems to be only another incremental adjustment to temporarily solve a. problem that should be handled through a comprehensive master parking plan. In addition, while solving Page 4 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 its own immediate problem, the hospital is creanng lasting problems for the stable residential neighborhood that must absorb its impacts. h. Whether there are adequate sites elsewhere in the city for the proposed use. in districts where such use is already allowed. Because of the very nature of an accessory parking use, a citywide consideration of sites is not applicable; however, based on the information contained in the 1999 parking study, there are no other areas adjacent to the hospital 'that can serve as parking and would also afford the physicians the proximity to the hospital that they require. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is not cOnsistent with the intent of the Comprehensive Plan. Granting the applicant's request will not create additional impacts on infrastructure that have not been anucipated in the Comprehensive Plan; however, the amendment and rezonmg will be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential properties. Therefore, staff recommends that the subject request be denied. If the final recommendation is for approval of the request, conditions should be added to the approval that would ensure the construction of a solid six (6) foot masonry wall and heavy landscaping completely along the boundary separating the hospital uses from the residential neighborhood, in conformance with the Future Land Use Element policies 1.17.3 and 1.17.4. These would be included as a separate exhibit. ATTACHMENTS \\ChLMAIN'~ HRDATA~Planning\S HARED\ WPXP ROJECTS\Bethesda\LUAR 2002Xstaff report, doc Location Map Bethesda Hospital Physician Parking NWSP 02-011 EXHIBIT "A" S PUDs PU 300 0 300 600 Feet Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com Exhibit B JUSTIFICATION STATEMENT Bethesda Hospital Land Use / Rezoning This petition is presented by Kilday & Associates, Inc. as authorized agent for the property owners, to amend the land use designation and zoning on property located around the Bethesda Memorial Hospital. This application will amend the land use designation on a 1.43 acre from Low Density Residential (LDR) to Public-Private, Government/Institutional (PPGI), and the zoning from R1AA to Public Use (PLO. Upon approval of this application (as well as a concurrent rezoning application on 10 acres along the northern property line of the hospital) the entire hospital property will be under a single land use designation (PPGI) and zoning district (PLO, which are consistent with the uses associated with the hospital. The subject property includes eight lots, six (lots 1-6) of these are owned by the hospital. The remaining two lots (lots 7 & 8) are under contract by the hospital for purchase. These eight lots are part of an established residential subdivision called Seacreast Hills. A central problem that the hospital has repeatedly faced over the years is a shortage of adequate parking spaces. This has created an unsightly and dangerous situation for its staff, patients, and visitors. Presently, the most acute parking shortage for the hospital is in the physician parking area behind the main building. Therefore, the' hospital is proposing to construct additional parking spaces, within a covered parking structure, which will serve the hospital's physicians. A concurrent site plan application has been submitted with this application for these covered parking spaces. This proposal will serve two purposes. First, it will provide the necessary parking spaces for the hospital physicians, close to the physician entrance. Second, it will help to resolve some of the incompatibility problems that currently exist between the hospital and adjacent homeowners. The area subject to this application currently serves as a buffer zone between the residential community and the hospital. The current uses on site (single family homes and vacant 10ts) have failed to provide a sufficient functional barrier between the adjacent incongruent land uses. Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates. These residents have recommended that a solid wall be constructed to act as a visual and functional barrier along the western property line. The proposed land use amendment, rezoning, and subsequent site plan approval will permit the hospital to rectify the existing incompatibilities along this property line by JUSTIFICATION STATEMENT Bethesda Hospital Page I of 4 incorporating a substantial barrier between the hospital and adjacent homes. In addition, some of the existing parking pressures that exist within the hosPital property can be relieved with the physicians parking area. RESPONSES TO APPLICATION O. UESTIONS II(g) 1) Whether the would be consistent with The proposal is consistent with the Comprehensive Plan policies described in the previous section. 2) be contrary to the pattern, or would create an isolated district unrelated to or Would constitute a grant of special privilege to owner as contrasted with the protection of the public ase ipattem along the west property line of the hospital has been be problematic for bOth the hospital and the adjacent homeowners. The various mechanical uses located in the rear of the hospital property, of a buffer, have created this problem. In physicians is a problem that the to rectify bo~h situations. 3) changed issues upon Since reduce or changing conditions make the proposed land use behind the hospital have created compatibility the hospital s parking nee are contingent success of the medical facilities. Whether the proposed land uSe amendment/rezoning Would be compatible with utility systems, roadways and other public fac~s. rest~it in a reduction of ~ight dwelling units, this petition will services. amendment/rezOning would be compatible with of adjacent and nearby properties or would affect As a val, the incompatibility issues that currently exist ~f the hospital can be alleviated. The value of the adjacent benefit from the creafi°~ of a substantial, attractive buffer along this propertY valUes wilI increase bY virtue of fact that their will now be certainty in the hospital boundaries and its proposed uses for the area. and economically developable under the The sociated With the hospital, which the current residents. Obviously, developing the Hospital Page 2 of 4 remainder of the lots as single family homes, as is currently permitted in the land use and zoning district, would be a grievous error. Bringing these lots, six of which are already owned by the hospital, into the overall Bethesda Hospital plan is the best use for these properties. 7) Whether the proposed land use atnendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a :whole. The scale of this land use/rezoning has been established to meet the exact needs of the hospital, the surrounding community, as well as the City's healthcare needs. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed, Considering the fact that the physicians parking area must be in close proximity to the hospital and the fact that there are existing incompatibility issues which can be rectified with this petition, there are no other similarly available site. Il(h) A comparison of the impacts that would be created by the development under the proposed zoning with the impacts that would be created by development under the proposed zoning. The existing zoning for is R1AA. There are eight platted single family lots on the property. Therefore, eight single family homes could be built on the site, each with driveways accessing SW 4th St. This rezoning to PU is to permit the area to be used for physician parking and will eliminate the accesses onto SW 4th St. The size and dimensions of the site essentially make it unsuitable for any other hospital uses. By eliminating the potential for eight homes, the impacts on water, sewer, traffic, etc will be diminished with this rezoning approval. II.(h)6 Comparison of water demand for proposed and existing zoning. The Palm Beach County standard for determining water demand is 180 gallons per capita and 2.4 persons per unit. Under the existing zoning the site would generate a total of 3,456 gallons per day. Under the proposed zoning, there are no anticipated no water needs. In addition, the landscaping irrigation facilities that will serve this site landscaping are already available to the property. Il(h)(7) Comparison of sewer demand for proposed and existing zoning. The Palm Beach County standard for determining sewer demand is 100 gallons per capita and 2.4 persons per unit. The existing zoning will generate 1,920 gallons per day. Under the proposed zoning, there are no anticipated sewer needs. JUSTIFICATION STATEMENT Bethesda Hospital Page 3 of 4 II.¢.(8.12) At the request of the Planning or' ~ regarding the site. The existing Additional information will be provided to staff or officials as needed. JUSTIFICATION STATEMENT Bethesda Hospital Page 4 of 4 Kimley-Horn and Associates, Inc. Exhibit C AL TERNA TiVES FOR PARKING EXPANSION Options To accommodate this increase in demand, the following options for parking expansion were identified by the Bethesda Memorial HospitaI staff: 1. Northwest parking lot- converting to a three-level garage 2. Northwest parking lot - converting to a two-level garage 3. Northeast parking lot -converting to a three-level garage 4. Northeast parking lot - converting to a two-level garage 5. 23~ Avenue property (north of hospital) - constructing a surface parking lot 6. 23'~ Avenue / Seacrest Boulevard property- constructing a surface parking lot 7. 2800 Seacrest Boulevard property - constructing a surface parking lot 8. 2800 Seacrest Boulevard property - constructing a two-level garage 9a. 2800 Seacrest Boulevard property - constructing a two-level garage + 1 story building 9b. 2800 Seacrest Boulevard property- constructing a three-levelgarage 10. Early Learning Center border ~xpansion - constructing a surface parking lot 11. Westchester residential area - constructing a sur~.ace parking lot Table 3 lists the approximate number of parking spaces that could be added by each option listed above. The actual number of spaces that can be built on a site is highly dependent on a number of factors, including site configuration, parking space dimensions, and landscaping requirements. The estimates provided in this 04059600-0899 Page I0 GOLF RD. ' '23rd AVE. ,. .... . .', I N.W. I ~ r~---~- ..... - - - - - - - I PARKING I ~ PARKING I / _ __ ............ =_.: ;~/ /-'--...~ ! GARAGE I i GARAGE II! I . / / ' ~') ~ Il'l~/'/'~' ~ ~~i ~~'~'/ '"'" ,' WESTCHESTER !/! / J Il I RESIDENTIAL / / / I I I I I I AREA ! / / i I I I il I !! / I ! I I l! I I I I I I I I EARLY I i I I II ILEARNING / / 24th AV. I I I ) I II I CENTER I [ l[ IBORDER L !! I,...__ J II IEXPAN$10N I / - i[/~] /"~ Il I I ! ~-~ ~ L%"-'~- ........... J // / F 2800 iSEACREST I 1 25th AV. NOT TO SCALE FIGURE 3 BETHESDA HOSPITAL PARKING ALTERNATIVES ~U and kssodates, Inc. VI. - PUBLIC HEARING ITEM E. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned ~n to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Public Heating. The Planning and Development Board with a 5 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-142 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Physician Parking (LUAR 02-004) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago 2700 Block of SW 4~ Street Request to rezone a 1.43-acre parcel from R-I-AA (Single Family Resdiential-5.40 du/ac) to PU (Public Usage). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~~ Devela0fi~en~ Department Director Planning and Zo~ug Director '] "' '~) ~tC'it~an~ger's Signature City Attorney / Finance / Human Resources \\ChhMAIN~ShrdataXPlanning~Shared\WpxPROJECTS~Bethesda~LUAR 2002~Agenda Item Request Bethesda Hosp. LUAR 02~004 8-6-02b.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-142 TO: FROM: THROUGH: Chairman and Members Planning and D~nr Board Dick Huds/nd/ent~r Planner Michael W. Rumpf Director of Planning and Zoning DATE: July 15, 2002 Proj ect/Applicant: PROJECT DESCRIPTION Bethesda MemoriaI Hospital Agent: Jamie Gentile/Kilday and Associates, Inc Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago Location: 2700 block of SW 4th Street (Seacrest Hills) (See Exhibit A) File No: Land Use AmendmenffRezoning (LUAR 02-004) Property Description: Four single-family homes as ~vell as vacant property comprising +_1.43 acres, classified Low Density Residential (LDR) and zoned R-1-AA (Single Family Residential) Proposed change/use: To reclassify the subject property from Low Density Residential (LDR) to Pub lic & Private Governmental/Institutional (PPGI), and rezone fi'om R-l-AA (Single Family Residential) to PU (Public Use) for the purpose of buitding an auxiliary parking facility. Adjacent North: Land Uses and Zoning: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private Governmental/Institutional (PPGI) and zoned PU (Public Use). West: Right-of-way of SW 4m Street then developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-I-AA (single family residential). PROJECT ANALYSIS The subject parcel totals + 1.43 acre. Because of the size of the property under consideration, the Florida Deparunent of Community Affairs classifies this amendment as a "small scale" amendment. A "small- scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. Page 2 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed amendment/rezoning would be consistent with applicable cotnprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the: Palm Beach County £mergency Planning Divtsion and the City's risk manager. The planning department shall also recommend limitations or requiremems, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.16.1 provides a definition of the Public and Private Governmental/£nstitutional land use classification and lists the uses generally allowed, including: "institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensity of a hospital use, however, is closely related to more intense commercial or industrial uses, both in terms of traffic generated, hours of operation, number of persons employed, light and noise impacts, as well as in terms of benefits to the community. There are policies addressing the incompatibilities between residential uses and both high-intensity commercial and industrial uses. Policies 1. t7.3 and 1.17.4 of the Future Land Use Element read as follows: 1. I7.3 "The City shall continue to utilize and enforce requirements for buffer Walls between residential and commercial or industrial districts as set forth in the zoning regulations "; and, 1.17.4 I. 17.4 "The City shall adopt and enforce regulations to require solid vegetative screening between indttstrial and residential uses, wherever practical, in addition to buffer walls." The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the ex~stmg ~ncompat-tbd~ttes, staun~, Due to the intense nature of the varzous mechanical equipment that is located behind the hospital, nea~' the western'" property line, the-re have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates." b. Whether the proposed atnendment/)'ezoning would be. contrary to the established land use pattern, or wou[d create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted With the protection 'of the 'public w~lfare. The applicant offers that by extending the hospital-related parking uses tnto the residential neighborhood; a suitable and significant buffer can be created to alleviate the incompatibility issues. The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses to the east, nevertheless, the change would create an intrusion of an incompatible and intense use into the stable residential neighborhood to the west. Even thoUgh the hospital's most intense impacts are in very close proximity to t,h,e homes, there is a r~gular and accepted boundary separating the two uses. The intrusion of the hospital s uses will not only Serve to weaken the existing fabric of a stable residential neighborhood, but could also have a negative effect on property values, ~n part by estabhsh~ng a umque element that would make the neighborhood less desn:ous as a place to h e. Page 3 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 c. Whether changed or changing conditions make the proposed rezoning desirable. The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes to solve a part of that dilemma with the construction of txvo covered parking structures for physicians. A July 1999 in-house parking study, prepared for Bethesda Memorial Hospital. by :Kimley, Horn and Associates, Inc., outlined eleven for meeting the projected increased parking demands. The staff is una~vare of In June 2000. became' At that time the hospital's plans rel: exploring city in that so that d. Whether the proposed use would be compatible with utility systems roadways and other The use will in mm services. not be as 40 raps per da and four vacant parcels from the land supply .for residential 1 as recreation facilities and :ilities would residential street by as many ;xpected to generate any additional traffic,to the overall hospital property. With respect to solid' that adequate capaciW period. Lastly, application, the Solid Waste has stated, within a letter dated December 18, 2001, authorities. As with the properties. is of the opposite criterion "b" above, both the applicant and While the applicant sees ] neighborhooc 1. that the use is incompatible of parking structures as an :e on Property values, staff F.. Whether the property is physically and economically developable under the e~,cisting zoning. Physically, the vacant property is developable for single-family homes. In the justification for the amendment/reZ°ning, the applicant states that some of the most noxious uses associated with the hospital abut these properties, thereby already reducing the economic value of them f°i' residential use; and further states, that the size and dimensions ~f the property make it unsuitable for anY hospital-related Use other than parking. g. Whether the proposed amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Based on site Plans submitted for the parking structures, there parking spaces provided. Given the existing spaces that will be lost to c net increase is seventy-three (73) spaces. This increase may relate to hospital's doctors; however, it seems to be only problem that should be handled through a comprehensive covered I landscaping, the of the t solve a while solving Page 4 Bethesda Memorial Hosp{tal Auxiliary Parking File Number: LUAR 02-004 tts own immediate problem~ the hospital is creating lasting problems for the stable residential neighborhood that must absorb its impacts. h. Whether there are adequate sites elsewhere in the cio'for the proposed use, in districts where such use is already allowed. Because of the very nature of an accessory parking use, a citywide consideration of sites is not applicable; ho~vever, based on the information contained in the 1999 parking study, there are no other areas adjacent to the hospital that can serve as parking and would also afford the physicians the proximity to the hospital that they require. CONCLUSIONS/RECOMMENDATIONS As indict,ted herein, this request is not consistent with the intent of the Comprehensive Plan. Granting the applicant s request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; however, the amendment and rezoning will be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential properties. Therefore, staff recommends that the subject request be denied. If the final recommendation is for approval of the request, conditions should be added to the approval that would ensure the construction of a solid six (6) foot masonry wall and heavy landscaping completely along the boundary separating the hospital uses from the residential neighborhood, in conformance with the Future Land Use Element policies 1.17.3 and 1.17.4. These would be included as a separate exhibit. ATTACHMENTS \\Ch~tAIN~HRD ATA~Ptanning\$ HARtiD\WP\P RO JECTS\ Bet he~da\LUAR 2002~taff ct:port, doc Location Map Bethesda Hospital Physician Parking NWSP 02-011 EXHIBIT "A" 300 PUD PU o 3OO ~0 F~t Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689~5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com Exhibit B ~.ISTIFICATION STATEMENT Bethesda Hospital Land Use /Rezoning This petition is presented by Kilday & Associates, Inc. as authorized agent for the property owners, to amend the land use designation and zoning on property located around the Bethesda Memorial Hospital. This application will amend the land use designatmn on a 1.43 acre from Low Density Residential (LDR) to Public-Private, Government/Institutional (PPGI), and the zoning from R1AA to Public Use (PU). Upon approval of this application (as well as a concurrent rezoning application on 10 acres along the northern property line of the hospital) the entire hospital property will be under a single land use designation (PPGI) and zoning district (PU), which are consistent with the uses associated with the hospital. The subject property includes eight lots, six (lots 1-6) of these are owned by the hospital. The remaining two lots (lots 7 & 8) are under contract by the hospital for purchase. These eight lots are part of an established residential subdivision called Seacreast Hills. A central problem that the hospital has repeatedly faced over the years is a shortage of adequate parking spaces. This has created an unsightly and dangerous situation for its staff, patients, and visitors. Presently, the most acute parking shortage for the hospital is in the physician parking area behind the main building. Therefore, the hospital is proposing to construct additional parking spaces, within a covered parking structure, which will serve the hospital's physicians. A concurrent site plan application has been submitted with this application for these covered parking spaces. This proposal will serve two purposes. First, it will provide the necessary parking spaces for the hospital physicians, close to the physician entrance. Second, it will help to resolve 'some of the incompatibility problems that currently exist between the hospital and adjacent homeowners. The area subject to this application currently serves as a buffer zone between the residential community and the hospital. The current uses on site (single family homes and vacant lots) have failed to provide a sufficient functional barrier between the adjacent incongruent land uses. Due to the intense nature of the various mechanical equipment that is located behind the hospital, near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates. These residents have recommended that a solid wall be constructed to act as a visual and functional barrier along the western property line. The proposed land use amendment, rezoning, and subsequent site plan approval will permit the hospital to rectify the existing incompatibilities along this property line by JUSTIFICATION STATEMENT Bethesda Hospital Page I of 4 incorporating a substantial barrier between the hospital and adjacent homes. In addition, some of the existing parking pressures that exist within the: hospital property can be relieved with the physicians parking area. RESPONSES TO APPLICATION QUESTIONS iX(g) I) Whether the · would be consistent with The proposal is consistent with the COmprehensive Plan policies described in the previous section. 2) an The the use amendment/rezoning would be contrary to the pattern, or would create an isolated district unrelated to and nearby districts: or wouM constitute a grant of special privilege to property owner as contrasted with the protection of the public pattern 'alon the west property line of the hospital has been establishe for both the hospital and the adjacent homeowners. The various mechanical uses located in the rear of the hospital property, buffer, have created this problem. In physicians is aproblem that the 3) conditions make the proposed land use have created compatibility issues needs are c°ntingent upon the ; medical facilities. 4) with Since this application will result in a reduction of eight dwelling units, this petition will reduce the impacts on t. he C~ty s public servme. 5) ie proposed'land use amendment/rezoning would be compatible with th future use of adjacent and nearby properties or would affect ,earby properties. As a the incompatibility issues that currently exist of the hospital can bi alleviated. The value of the on of a substantial, attractive buffer along this Also, property Values will / virtue of fact that their will now be certainty in the hospital boundaries and its proposed uses for the area. 6) Whether the properO and economically developable under the The Subj{ has created ous uses associated with the hospital, which residents. Obviously; developing the FEMENT of 4 remainder of the lots as single family homes, as is currently permitted in the land use and zoning district, would be a grievOus error. Bringing these lots, six of which are already owned by the hospital, into the overall Bethesda Hospital plan is the best use for these properties. 7) ~d use amendment/rezoning is of a scale that is :ity as a whole. The scale of this established to meet the exact needs of the hospital, the surrounding community, as well as the City's healthcare needs. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Considering the fact that the physicians parking area must be in close proximity to the hospital: and the fact that there are existing incompatibility issues which can be rectified with this petition, there are no other similarly available site. II(h) 1-5 A comparison of the impacts that would be created by the development under the proposed zoning with the impacts that would be created by development under the proposed zoning. The existing zoning for is R1AA. There are eight platted single family lots on the property. Therefore, eight single family homes could be built on the site, each with driveways accessing SW 4th St. This rezoning to PU is to permit the area to be used for physician parking and will eliminate the accesses onto SW 4th St. The size and dimensions of the site essentially make it unsuitable for any other hospital uses. By eliminating the potential for eight homes, the impacts on water, sewer, traffic, etc wilt be diminished with this rezoning approval. II.(h)6 Comparison of water demand for proposed and existing zoning. The Palm Beach County standard for determining water demand is 180 gallons per capita and 2.4 persons per unit. Under the existing zoning the site would generate a total of 3,456 gallons per day. Under the proposed zoning, there are no anticipated no water needs. In addition, the landscaping irrigation facilities that will serve this site landscaping are already available to the property. II(h)(7) Comparison of sewer demand for proposed and existing zoning. The Palm Beach County standard for determining sewer demand is i00 gallons per capita and 2.4 persons per unit. The existing zoning will generate 1,920 gallons per day. Under the proposed zoning, there are no anticipated sewer needs. JUSTIFICATION STATEMENT Bethesda Hospital Page 3 of 4 II.¢.(&12) At the request of the or City regarding the site. The sewer. provide Additional information will be provided to staff or officials as needed. JUSTIFICATION STATEMENT Bethesda Hospital Page 4 of 4 and Associates, Inc. Exhibit C AL TERNA TIVES FOR PARKING EXPANSION Options To accommodate this increase in demand, the following options for parldng expansion were identified by the Bethesda Memorial HospitaI staff: 1. Northwest parking lot - converting to a three-level garage 2. Northwest partdng lot - converting to a two-level garage 3. Northeast parking lot - converting to a three-level garage 4. Northeast parldng lot - converting to a two-level garage 5. 23~ Avenue property (north of hospital) - constructing a ~u~aceparking lot 6. 23~ Avenue / Seacrest Boulevard property - constructing a surface parking lot 7. 2800 Seacrest Boulevard property - constructing a surface parking lot 8. 2800 Seacrest Boulevard property - constructing a two-leve! garage 9a. 2800 Seacrest Boulevard property - constructing a two-level garage + l story building 9b. 2800 Seacrest Boulevard property - constructing a three-level garage 10. Early Learning Center border expansion - constructing a surface parking lot ! 1. Westchester residential area - constructing a surf. ace parking lot Table 3 lists the approximate number of parking spaces that could be added by each option listed above. The actual number of spaces that can be built on a site is highly dependent on a number of factors, including site configuration, parking space dimensions, and landscaping requirements. The estimates provided in this 0~oso6oo~sov Page I0 GOLF RD. N.W. PARKING IGARAGE ! {~(~ !11 I !1 I r'=-JIIll I I II I ! !1 ! i !1 I i !! I I II I I I iiii '// i WESTCHESTER ! ' I i RESIDENTIAL // / / I AREA !/~/// I IEARLY ~ / ILEARNING ~ 2~th AV. IGENTER IBORDER r' /~24 T IEXPANSION I 50 ! ! /SEACREST I i 25th AV. NOT TO SCALE FIGURE 3 BETHESDA HOSPITAL PARKING ALTERNATIVES 0406N.OQ Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI. - PUBLIC HEARING ITEM F. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-143 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Rezoning (REZN 02-004) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital South side of Southwest 23rd Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 Request to rezone a 10.37-acre parcel fi:om PUD (Planned Unit Development) district to PU (Public Usage). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:_~ ~ N/A Develop~eT~-tm~entff-E~-ire~cto~. Lcf't~ M~ager s Signature Planning and Zohing Director City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPXPROJECTS~BethesdaX, Bethesda Memorial Hosp. Rezoning 2002~genda Item Request Bethesda Hosp. REZN 02-004 8-6-_02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDU1H NO. PZ 02-143 TO: FROM: Chairman and Members Planning a~ment Board Dick Huds~, ~nior Planner THROUGH: Michael W. Rumpf DirectOr of Planning and Zoning DATE: July 15, 2002 PROJECT DESCRIPTION Project/Applicant: Bethesda Memorial Hospital Agent: Jamie Gentile/Kilday and Associates, Inc Owner: Bethesda Memorial Hospital Location: South side of SW 23~ Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 (Exhibit A). File No: Rezoning (REZN 02-005) Property Description: Developed property consisting of + 10.37 acres occupied by parking and other uses ancillary to the main hospital facilities, classified Public & Private Governmental/Institutional (PPGI) and zoned Planned Unit Development (PUD). Proposed change/use: To rezone the subject property from Planned Unit Development (PUD) to Public Use (PU). No additions are proposed to the existing development on the property. Adjacent North: South: Land Uses and Zoning: Right-of-way of SW 23~a Avenue (Golf Road) then developed residential, property (High Point West Condominiums) classified High Density Residential (HDR) and zoned R-3 Multi-family residential (10.8 du/ac) Developed property containing the main hospital facilities and under the same ownership as the subject property, classified Public & Private Governmental/Institutional (PPGI) and zoned PU Public Use. East: West: Developed single family homes (Winchester Heights) classified Low Density Residential (LDR) and zoned R-I-AA Single Family Residential (5.40 du/ac). Developed single family homes (Seacrest Hills) classified Low Density Residential (LDR) and zoned R-l-AA Single Family Residential (5.40 du/ac). PROJECT ANALYSIS The subject property is a portion of the Bethesda Memorial Hospital campus. All of this property is classified Public & Private Governmental/Institutional on the Future Land Use Map; however, in 1984, Page 2 Bethesda Memorial Hospital Rezoning File Number: REZN 02-005 shortly after the subject portion of the property was acquired, the hospital requested and was granted the Planned Unit Development (PUD) zoning that is now on the property. No additional development is anticipated on the property, and the rezoning will only serve to ensure that the zoning is consistent with the land use designation and consistent with the zoning on the portion of the hospital property to the south; nevertheless, staff is required to provide an analysis of the request. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement~ Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of staff analysis of all applications for land use amendments and rezonings. ao Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prOhibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent ~development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.16.1 in the Furore LandUse Element provides a definition of the Public and Private Governmental/Institutional land use category, stating that the category "shall include all PU Public Usage zoning districts." The policy also lists the uses generally allowed, including: "institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." The use of the property for activities ancillary to the hospital is consistent with the cited policy. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south under the same ownership. c. Whether changed or changing conditions make the proposed rezoning desirable. No changes have occurred that would make the rezoning either less or more desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since no additional development on the subject property is anticipated at this time, there will be no additional impacts to the utility systems, roadways and other public facilities. Should any additional ' development be proposed for the property, concurrency issues would be considered at that time. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The rezoning of the property will neither enhance nor decrease the compatibility between current use of the property and the use of adjacent properties. Should any additional development be proposed for the property, compatibility issues would be considered at that time. Page 3 Bethesda Memorial Hospital Rezoning File Number: REZN 02-005 B). g. Whether Palm Beach County part of the hospital property; therefore, neighborhood and the city. scale which is reasonably related to the needs of the the entire south an integral h. Whether there are adequate sites elsewhere in the cio;for the proposed use, in districts Where such use is already allowed. Sites elsewhere in the city could not serve the same use that this property serves for the hospital. As indicated herein, this req~ additional impacts on Therefore, staff rec recommende included as Exhibit "C". ATTACHMENTS Plan; will not create Comprehensive Plan; will be City. Commission, they will be \\Ch'd~tAIN~SHR.DATA~'lanning~SHARED\W~PROJECTS~ethesda~Bethesda Memorial Hospital Rezoning 2002Xstaff report.doe Location Map Exhibit A _ AREA "B" 300 PU 0 300 C 600 Feet N Exhibit The structures that would be constructed on the for the following possible uses: Medical Office. Building Pharmacy EKG ECG Occupational. Therapy Respiratory Therapy Mid-Wives Services Operating Rooms Recovery Rooms Communication Oi:e~ary M~d~Eal Records C'ean Linen Storage StOnage Of fi ce Of fi ce Services ,vi ces proposed parcel would be ~or ial Hospital Auxiliary i ation Of fi ce ng Servi ce ~. par.turn) Clinic inic , , Awareness Services gery Unit. A~PF-A~DIX TO EXI{'IBIT "B" Anatomic and Clinical LaboratOry Cardiology Cardiology Diagnostics Dental Diagnostic Radiology Endos copy Gastr oentero, logy Gynecology Neurology Noninvas i ve Angi ogr aphy Nuclear 'Medici ne Opthalmology Orthopedi c Otor hynol aryn go.1 ogy Pulmonary Medicine - Reha,bi litation Medicine Rheumatology- urology . Nephrology CT Scanning- Radi~atfon Therapy OnCology Surgery Chemotherapy Speech' Pathology - Audiology LiVing Education - Nutrition - Obesity - Post Hospital Discharge Education - Smokihg Physical Therapy Servi ce - Omcologi c - Cardi ac - Orthopedi c - Burns - Neurologi c - Other Acute Gerontology Adult Day Care Home Health Care- Child Day Care Gerontologi c-Techni clan Training · Hospice Servi ce Bereavement Servi ce Invasi ye Cardi ac. Angiography Complex Neurology Problem Service Spe)ci alized Ophthaniology. End),Stage Renal Disease Electronmi cro. s copy APPENDIX TO EXHIBIT Page 2 Infectious Disease Burn Care Continuing Medical Education for Medical Staff Community Health Education - Nu%rition' ' --Obesity - Cardio {CPR) We:line g cessation Te( ~re Awareness Education {for Lay Staff) dt Training e.g. CPR ~tion Procedures Relations ng for Labor Shortage Specialties Es' Mi d Assessment and At.tractiOn Service Referral Servi ce Planning to Community Groups Bodi es )izations Servi ce of Press Relations eau Polling Polling )tal Publications & Media :Hospital Publication & Media ivi't~es Participation Acti vi ti es Liaison Coordi nati on APPENDIX TO EXHIBIT "B" Page 3 VII.-CONSENT AGENDA ITEbl B. 1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 CNoon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: Motion [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report to approve the "piggy-back" [] Development Plans [] New Business [] Legal [] Unf'mished Business [] Presentation of the PALM BEACH COUNTY ANN~AL PAVEMENT MARKING CONRACT #2002-057 to UNITED RENTALS HIGHWAY TECHNOLOGIES, INC. for the THERMOPLASTIC STRIPING ON GATEWAY BOULEVARD, AND HIGH RIDGE ROAD with an estimated amount of $28,639.60 including 10% contingency. EXPLANATION: The Engineering Department has requested the "piggy-back" of the Palm Beach County contract to provide thermoplastic striping on Gateway Boulevard (High Ridge Road to Congress Avenue), and High Ridge Road (Gateway Boulevard to Minor Road). This project is to include placement of roadway striping, including pavement messages, arrows, and reflective pavement markers. PROGRAM IMPACT: The thermoplastic Striping will be completed in accordance with the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2000 Edition, Section 710. FISCAL IMPACT: Cost for the thermoplastic striping of the streets is as follows: Street Estimated Cost Contingency Total Gateway Boulevard $ 20,474.00 $ 2,047.40 $ 22,521.40 High Ridge Road 5,562.00 . 556.20 6~118.20 Total $ 26,036.00 $ 2,603.60 $ 28,639.60 Funding is available for the street improvements in the FY2001/2002 budget as follows: Account Description Account Number Street Improvements 302-4905-580-63-08 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: JeffLivergood -Public Works S:~BULLETIN~ORMSX~.GENDA ITEM REQUEST FORM.DOC RECEIVED* JUL 0 9 2002 DEPARTMENT OF PUBLIC WORKS ~,~ocu~ ENGINEERIN(; DIVISION MEMORANDUM NO. 02-140 To: From: Date: Re: Bill Atkins, Assistant D rector F nance/Procurement Agent Laurinda Logan, P.E. Civil Eng neer ~" July 5, 2002 ',~, Request for Purchase Order- City (Gateway Bird & High Ridge Road) You are kindly requested to prepare the Agenda Item Request Form for the subject project. Upon approval by the City Commission please issue a Purchase Order to accomplish the work as set forth below: Project: City Striping (Gateway Blvd & High Ridge Road) Scope of Work: Placement of thermoplastic striping on Gateway Boulevard (High Ridge Road to Congress Avenue) and High Ridge Road (Gateway Boulevard to Minor Road). This project is to inciude placement of roadway striping, including pavement messages, arrows and reflective pavement markers. Work is to be done in accordance with the contract specifications as set forth in the Palm Beach County Annual Pavement Marking Contract (Project # 2002057). COntractor: United Rentals, 708 Commerce Way, Jupiter, Florida 33458 Phone: 561-746-5123 (Dale Emery) Pricing: Total estimated cost for this project is $28,639.60 (including 10% contingency) in accordance with the attached two pages of estimated quantities and pay items. Final price of the purchase order will be determined based on actual field measured quantities. Basis for contracting: All work and payment of required items and quantities shall be in accordance with the Palm Beach County Annual Pavement Marking Contract (Project # 2002057) which will be used as a piggyback. Account: 302-,J~;~2'-580.63-08, Capital Project # 0266. If you have any questions or need additional information, please contact Clem Bucher, Contract Administrator, ext. 6491. Attachments: City Striping Scope of Work w/pay items and quantities Palm Beach County Agenda Item for Annual Pavement Marking Contract CC: Jeff Livergood, P.E., Director, Public Works (via e-mail) H. David Kelley, P.E./P.S.M., City Engineer, Engineering (via e-mail) Clem Bucher, Contract Administrator, Engineering (via e-mail) George Manteil, Streets Maintenance Supervisor, Public Works File J:\SHRDATA\Engineedng\CSD\Bucher~Administrative\Gateway - High Ridge Road Striping, Memo to B. Atkins.doc CITY STRIPING GATEWAY BLVD. (High Ridge Rd. - Congress Ave.) and HIGH RIDGE RD. (Gateway Blvd.- Miner Rd.) CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 10. CITY STRIPING GATEWAY BOULEVARD (High Ridge Rd. - Congress Ave.) and HIGH RIDGE ! ) Any NGVD-29 monument within the project manager should noti If in danger of damage GEODETIC INFORM ATTENTION: MAR ATTENTI 6001 ROCKVILLE TELEPHOI Existing a p~'ofessional land su within ~truction by Dimensions and offsets dimensions on labeled "M". ~own and noted. All Isions shown in meters are All bearings and distances OR Field (F), The definition of the Technology is 39.27/12 ute of Standards and meter. The contractor shall schedule his o bikeways where pedestrians access provided at all times. adjacent walkways or vehicles shall be Striping shall be constructed in accordance with Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2000 Edition, Section 710. Traffic Control/Maintenance of Traffic (MOT) Shall be in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD), FDOT specifications and standards, and local regu'lations. The contractor shal prepare and subm t a MOT:p an for review and approva by the eng near prior to the start of construction. All work is to be performed in accordance with the FDOT Specifications for Road & Bridge Construction, 2000 Edition, and the MUTCD, Millennium Edition. The contractor is responsible for obtaining all required permits. All plans submitted for specific permits shall meet the City's Code requirements at the time of application. Permits required from other permitting agencies such as the Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worl;, Drainage District (LWDD), Florida Department of Environmental Protection (FDEP) Palm BeaCh County Health Department (PBCHD), Palm Beach County Engineering DePartment (PBCED), palm BeaCh County Department of Environmental Resource Management (PBCDER lcluded with the permit request. A Permit to Construct within the uired from the City of Boynton Beach Engineering Department. J:\SHRDATA\Engineering\Logan\Gateway Striping\General Notes.doc Page 1 of 1 'i~ oOoo~oo8olo!~,~: ~ oioo 'o ,ol'l~ o ~ ' ~ , ,~wI ['~'~ , , : e-: I Agenda Item #: PALM BEACH COUNTY BOARD OF COUNTY COMMiSSiONERS AGENDA ITEM SUMMARY Meeting Date: Department: Submitted By: Submitted For: April 2, 2002 [x] Consent [] Regular [] Workshop [] Public Hearing ENGINEERING AND PUBLJC WORKS ENGINEERING SERVICES DIVISION PROJECT 2002057 EXECUTIVE BRIEF Motion and Title: STAFF RECOMMENDS MOTION TO APPROVE: A contract not to exceed the total value of $2,130,000 for task orders which may be issued' for the Annual Pavement Marking Contract with United Rentals Highway Technologies, Inc., the Primary Contractor, and Transmark, Inc., the Secondary Contractor, the lowest and second lowest responsive, responsible bidders respectively. Summary: The Annual Pavement Marking Contract consists of furnishing and/or installing the vari6us striping, reflectors and messages on County roadways. Work orders issued under the Secondary Contract will be issued when the Pdmary Contractor is unable to perform the obligations of this contract, or when the County determines that the Primary Contractor is unable to handle additional workload due to outstanding County work orders. No work orders will be issued to the Secondary Contractor until he has provided a satisfactory Certificate of Insurance and a Payment and Performance Bond. Due to the lack of Minority/Women Business Enterprise (M/WBE) businesses in the area of work required by this contract, the Goal Setting Committee did not set any goals for this contract, but directed that a statement be added to the contract documents advising the contractor of the Boards policy for utilizing M/WBE businesses where available. A copy of the contract and supporting documentation is available for review at the office of the COunty Engineer DISTRICT: Countywide (ME) Background and Justification: Bids were received by the Board of County Commissioners on Tuesday, December 4, 2001. Due to the amount of work and the geographical separation of projects, it may be essential to have two contractors for this work. Consequently, permanent pavement markings can be placed sooner providing a higher degree of safety for the traveling public. Attachments: 1. Contracts (2) (Primary) 2. Contracts (2) (Secondary) 3. Contract Pages (C-1, C-2 & C-3) (Pdmary and Secondary) 4. Bid Tabulation Recommended by: ~ Division Director Approved By: ~ounty Engineer Date Date II. A. Five Year Summary of Fisca Impact: FISCAL IMPACT ANALYSIS Fiscal Years 2002 Capital Expenditures $2,1,30,000 Operating Costs -0- External Revenu es -0- Program Income (County) -0- ImKind MatCh (County) . .-0-. NET FISCAL IMPACT $2,130,000 # ADDITIONAL FTE -0- POSITIONS (CumUlative) -0- Is Item Included In Current Budget? Budget Account No.: Fund Agency 2003. 2004 2005 2006_ -0- -0- -0- -0- -0- -0- -0- -0- -0- -0-, -0- -0- -0- , -0. -0- -0~ -0- -0- -0- -0= -0-- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0-- YesX Organization No Object B. Recommended Sources of Funds/Summary of Fiscal Im pact: Traffic Division $2,000,000 Parks & Recreation 60,000 Water Utilities Department 25,000 Airports Department 45,000 Total ...................................... $2,130,000 C. Departmental Fiscal Review: III. REVIEW COMMENTS OFMB Fiscal and/or Contract Dev. and Control Comments: Legal Sufficiency: -r'~.~ ~<~,~ yt;.,..~ .~j_ ~<:~.~. As~stant C°un~ Attorr~ey;-- //~, Other Department Review: Department Director This summary is not to be used as a basis for payment. -2- Requested City Commission Meeting Dates [] August 6,2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Date~ [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award Bid #066-2413-02/KR, SUPPLY & INSTALLATION OF ALUMINUM FENCE AT SARA SIMS CEMETERY, to BULLDOG FENCE, INC. in the amount of $ 24,700.00. EXPLANATION: On July 11, 2002 five (5) proposals were received and tabulated by Procurement Services. The proposal from Bulldog Fence, Inc. of Boynton Beach was the lowest and their company meets all specifications. Bulldog Fence, Inc. has provided good service to the City in the past. Bill DeBeck, Project Manager, concurs with this recommendation (see attached Memo #02-147). PROGRAM IMPACT: The purpose of this bid was to obtain a firm price for labor, materials and accessories necessary for the installation of approximately 600 linear feet of new six (6) foot high industrial strength, aluminum ornamental fence including two (2) gates at the Sara Sims Cemetery. Work includes the removal and disposal of the existing galvanized chain link fencing and gates. Sara Sims Cemetery is located at 100 NW 9~ Street, Boynton Beach. FISCAL IMPACT: Account Name/Number Grounds Improvements 631-3110-539-63-15 Budgeted Amount $ 45,000.00 p y ' ector of Financial Ser~ces'! tJ~ty Manager's S~gnature i /'~i~~ Procurement Services k,._,,~,t ~vx..~iL;~.~t~/ Department Name f. City A~rney / Finance / Human Resources cc: JeffLivergood, Public Works Director Bill DeBeck Project Manager Clem Bucher, Contract Administrator John Wildner, Parks Director File S:kBULLETINkFORMS',A. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD A BID (NO. 066-241 I'O BULLDOG INC. FLORIDA, SUPPLY WHEREAS, ProcUrement Services received and opened Bids for the supply and installation of an aluminum fence at Sara Sims Cemetery on July 11, 2002, and it was that Bulldog Fence, Inc. was the most responsive bidder who met and eeded all specifications. _ NOW, THERE-FORE, BE IT RESOLVED BY THE CITY COMMISSION. OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid to Bulldog Fence, Inc. in the amount of $24,700 for the supply and installation of an aluminum fence at Sara Sims Cemetery, and authorizes Mayor to execute a Contract between the parties, a copy of which is attached hereto a part hereof. Section 2. That this Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED THIS day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: City Clerk Commissioner s:Reso~Bid AwardXBullDog Fence-Sara Sims Cemetery BID TITLE: BID NUMBER: 'SIIPPI~Y & INSTAI.I,ATION OF AI,IIMINUM FENCE SIMS CEMETERY 066-2413-02/KR CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES AT SARA THIS CONTRACT, made and entered into this day of ., 20 .... , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and Bill J,DOG FENCE: INC. a Florida Corporation (_X__) a Florida General Parmership ( ) a Florida Limited Parmership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid rifle, bid number and project number listed above and commonly referred to as: SUPPLY & INSTALLATION OF ALUMINUM FENCE AT SARA SIMS CEMETERY B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 10th day of ~, for the total bid mount of C. On the 6th day of AuguaI,~?,fl~, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 9_11 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are tree and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools~ equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contra-ct. Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (CC) all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties c-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. 3.1.2. 3.1.3. 3.1.4. Furnish all materials, supplies, machines, necessary to prices as stated in the Contract Documents. comply with ~every Furnish a[ Proj Guarantee all' defective or faulty year after completion of of receipt 255.05, Florida suppliers, to be utilized shall be equipment, tools, md services conditions and this contract and all of the r with the Contract accepts and consents to the )cuments and expressly agrees to )ntained. all the work and file in the office of the with the. Contract Documents. applicable. materials. of one (1)year~ Upon receipt shall correct any lear Within one (1) payment. within ten (10) days with the provisions of Section Pay promptly,! before final or material of liens forms Re of lien forms 3.1.6. 3.1.7. 3.1.8. 3.1.9. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment property that ma3 connection with the project completed and ready for use, condition. parkways and adjacent on by the CONTRACTOR in as such section or portion is the same in a neat and presentable Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of B0ynton Beach, Florida. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. Perform such other tasks as set forth in the Contract Documents. c-3 3.1.10.'Shall'provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of ali work until final completion and acceptance thereof, and will be required t° make good at his own cost any damage or injury occurring from any cause resulting frOm their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5ol. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 calendar days following the commencement date as specified in same. 5,2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3o CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, .and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a ~reasonable time, object to as incompetent or as unfit. C-4 e LIQUIDATED DAMAGES 6.1. The C commencement ~ shall that may become due the CONTRACTOR, from the CONTRACTOR or his Surety. quidated damages, of the "Notice to days from the The CITY 7. PROTECTION OF EXISTING FACILITIES AND WORK IN: PROGRESS or 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents~ servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of inde~fication provided' for in this paragraph. The indemnification .required pursuant to the Con-tract shall in no event be less than $1 million per .occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It .is the CITY'S and CONTRACTOR'S full intention that this provision shall,be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. C-5 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as prOvided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the Current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is City of Boynton Beach, Engineering Department. c-6 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the authority in writing. . of the Contract. 11.3. As the Project Engineer ts, the contract and the enforce its faithful the interpreter of the conditions of · with CITY nor Contract to 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the f'mal decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. C-7 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather Conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND~ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION2 CONTRACTOR hereby acknowledges that he has read' and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC,19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Si in the CITY OF BOYNTON BEACH~ FLORIDA Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in the presence of: CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach ) ) SS: ) On this __ day of ,20 ., personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instnunent and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 DEPARTMENT OF PUBLIC WORl~~~..~---~ ENGINEERING DIVISION MEMORANDUM NO. 02-147 TO: FROM: DATE: RE: Bill Atkins Deputy Director Finance/Purchasing Agent Bill DeBeck Project Manager July 15, 2002 SARA SIMS CEMETERY FENCE BID Please award the contract for construction of the fence at Sara Sims Cemetery Bid #066-2413-02/KR to the Iow bidder, Bulldog Fence, for the bid amount of $24,700. Use Account ~,~r~,,,...,._ ~...,.'~'~o~ vv..~n 63 15-($45,000 budget). 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ITl " MEMORANDUM TO: JANET PRA1NITO DATE: JULY 17 2002 CITY CLERK FROM: CONTRACT BID #066-2413-02/KR "SUPPLY & INSTALLATION OF ALUMINUM FENCE AT SARA SIMS CEMETERY" Attached is the original for Bulldog Fence Company. A copy has been sent to the City Attorney's Office for the preparation of a Resolution. Thank you. /ktr Attachment - Contract, Original cc: File VII.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Requested City Commission Meeting Dates. [] August 6, 2002 [] August 20. 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to CiW Clerk's Office July 17. 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3.2002 (8:00 a.m.I Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19. 2002 Date Final Form Must be Turned in to CiW Clerk's Office September 16. 2002 (Noon) September 30. 2002 (Noon) October 14, 2002 (Noon) November 5.2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the next phase of Lift Station conversions (from can type to submersible) with Trio Development of Pompano Beach, FL in the amount of $178,210.00 based on Bid #094-2821-001/CJD and the electrical service transition with Edwards Electric of West Palm Beach, FL in the amount of $19,500.00 based on three (3) quotations for a total of $197,710.00 to convert Lift Stations 503,506, 710, and 712. EXPLANATION: The Utilities Department, Wastewater Division, is completing a current phase of Lift Station conversions with Trio Development Corporation that was Commission approved September 4, 2001. This is the next phase of Lift Stations that will be converted. Lift Station 503 is located in Laurel Hills, Lift Station 506 is in Venetian Isles, Lift Station 710 is in the Meadows and Lift Station 712 is on North Congress Avenue (Boynton Beach Mall). The existing can type stations are 20 to 30 years old. The proposed conversions will include new electrical and mechanical components above grade and submersible pumps below grade. The new installations will eliminate the potential of flooding of pump station equipment and make the maintenance and operation of the pump stations safer for our staff. PROGRAM IMPACT: The Utilities Department annually, through the renewal and replacement budget, rehabilitates the old existing can stations and converts them into submersible type lift stations. S:\BULLETIN~FORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FISCAL IMPACT: Funds are available in the Renewal and Replacement, 405-5000-590-96~04, SWR081. The proposal for conversion by Trio Development totals $178,210.00. The electrical portion by Edward's Electric totals $19,500.00 and the total project is $197,710.00. ALTERNATIVES: Department He~J's Signature ~ity Manager's Signature Utilities Department Department Name City Artomey/ Finance / Human Resources Cc: Bill Atkins - Procuremem Mark Law Tony Lombardi Barb Conboy S:\BULLET1NLFORMS~AGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION H.T.E. ENTRY DATE: H.T.E; REQUISITION # Clerk: , . Procurement Ass t: IDirector: City Manager (non budgeted cabital and/or $5000+): REASON FOR PURCHASE: Lift Station conversions 503, 506, 710, 712 Bid #094-2821-00/CJD Commission approval - VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Trio Development Admin. ( ) Date: 7-12-02 ASAP (X) Address: 1701 NW 22na Court Construction ( ) Date Needed: ASAP Confirm. ( ) Pompano Beach, FL 33069 Cust. Rel. ( ) ASAP/Conf. ( ) I Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 954-971-2288 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( x ) (over $500) Larry Shortz Pumping ( x ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. ( ) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Tony Lombardi Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Mark Law Strmwtr. ( ) Project Number: SWR081 Quan. Unit Price Description & Part Number Fund [ Dept Basic Elem Obi Amount 1 50,595.00 Lift Station 503 Laurel Hills 405 i 5000 590 96 04 50,595.00 1 34,315.00 Lift Station 506 Venetian Isles 34,315.00 1 44,700.00 Lift Station 710 Meadows 44,700.00 1 48,600.00 Lift Station 712 Boynton BeachMall 48,600.00 $178,210. U:\conboyuserdata\wordata\wordfile~requisition blank, doc Apr O1 02 09:35a TRIO DEVELOPMEMT (854)971-0030 p.'3 1701 N.W. 22nd Court Porn pano Beach, Florida 33069 Phone: (954} 971-2288 Fax (954)971~:)030 April 1, 2002 Mr. Tony Lombardi City of Boynton Beach 124 East Woolbdght Road Boynton Beach, FL 33425 Re: Can Uft Station Rehabs, Bid# 094-2821-00/CJD P.O.# 020184 Dear Mr. Lombardi: Please consider this letter as our offer to extend the pricing on the above-mentioned project for an additional one year period. Thank you for your cooperation. Yours truly, Lawrence R. Shortz TRIO DEVELOPMENT CORPORATION LRS:scb cc: Terri, #0135 DEVELOPMENT CORPORA TION 1701 N.W. 22nd Court Pompano Beach, Florida 33069 Phone (954)~ 971-~2288 Fax (954) 971-0030 BO'YNTON BEACH CAN REHABS-PHASE II Group. One Bid No. 094-2821-001CJD Prepared 5-21-02 #503 #306 #712 Total Bid Items Additional Materials Total $45,685.00 $31,940.00 $39,790.00 $43~690..00 $161,105.00 $4i910.00 $2,375.00 $4,9t0.00 $4,910.00 $17,105.00 $5'0,595.00 $34,315.00 $44,700,00 ~8,6oo.oo $178,210,00 Bid No. 094-2821-00/CJD ~ : ITEM UNIT UNIT COST QUANITY EX-rENDED .. ~ COST 1 Trench Safety System (5 to 7 Feet) LF 2.00 100.00 200.00 0.00 2 Trench Safety System (7 to 10 Feet) LF 4.00 0 tySys 3 Trench Safe tern (10 Feet +) ' LF 4.00 .00' 4 Concrete Sidewalk Repair (0 to 20 SF) SF ' 20.OO: 0.OO 5 Concrete Sidewalk Repair (20+ SF) SF ,~ ' 10.00 600.00 6000.00 ~ ' S 5.0C 0.00 6 Asphalt Repaint (0 to 100 F) SF 7 Asphalt Repair (100+ SF) SF 4.00 0.00 8 Sod Repair SY 3.00 0.00 9 ~mp Installation (0 to 9 HP) EA~ST 8OO.00 1.00 800.00 10 Pump Installation (10 to 15 HP) EAST 1000.00 0.OO Pump InstallatiOn (16 to 25 HP) EAST 1200.OO 0.00 1112 Bypass Pumping (5 HP) DY 300.00 50.OO 18000.°° 13~a~ ;pumping (10 HP) Dy 350.00 0.OO 14 B~ Pumpihg ~5 HP) Dy 400.OO 15 ExcavatiOn (0 th5 Feet Deep) Cy 110.00 46.00 5060.00. 16 F-:':~'~;'vafion (5 to 10 Feet Deep) CY 125.00 2.00 250.00 17 E~'~vatibn (10 to15 Feet Deep) Cy 200.0(] 0.00 8 2ooo.oo. 1 : Pipe nstallati°n (~lnCh Diameter) LF 100.00 20.00. LF 110.00 0.00 Pipe In-~f~llati°~ (6-Inch Diameter) Pipe Installation ~ln~h Diameter) LF 120.OO 0.OO it; Concrete StruCtiure!mprovements, Lid Replacement ; = ~: F-A.ST 5000.OO 1.00 5000.00. 22 Concrete StruC{ure Im provements, ~ube Replacement LF 3350.00 · 2.50 8375.00 23 RemOve/ReinStall,-Chain Link Fence LF 25.00 0.00 0.00 24 Rem°V~einstajl- Wood Fence LF 35.OO Sub Total of Bid Items ! $45'685'00 CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD I Unit Unit Qty Extended Sub-Contract Items Cost Cost Concrete Pumper~ Hour 125.00 2 250.00 ~ 0.00 J Sub-Total Sub-Contract .~?.60.00-.__ . CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD Materials Unit ~'CostUnit Qty. Extended.cost Miscellaneous Material 2000.00 I 2000.00 Flowable Fill 50.00 21 1050.00 Pre-Cast Top Slab I 1610.00 I 1610.00 L Sub-Total Materials $4,660.00 Negotiated Additional Work Total Bid Items TOTAL AMOUNT DUE 4,910.00 45,685.00 $50,595.00... Bid No. 094-2821-00/CJD ' ~ TEM UNIT UNIT COST QUANITY EXTENDED . ~ COST 1 Trench Safety System (5 to 7 Feet) LF 2.00 20.00 .40.00_ 2 Trench Safety System (7 to 10 Feet) LF 4.00 0.00 3 Trench Safety System (10 Feet +) LF 4.00 0.00 4: Concrete Side~lk Repair (0 to 20 SF) SF ' ' 20.0~ 0,00 - 5 Concrete Sidewalk Repair (20+ SF) SF ~ 10.0C 100.00 1000~00 5,00 0.00 6 Asphalt Repair (0 to 100 F) SF 7 Asphalt Repai~r-(100+ SF) SE ' 4:00 300.00 120 !.00 8 Sod RePair SY 3100 r 0~00 g Pump InStallatiOn (0 to 9 HP) EA-ST 800;00 1.00 800.00 10 Pump InStallatiOn (10 to 15 HP) F.A-ST 1000.00 0.00 11 Pump inStallation (16 to 25 HP) EA-ST. 1200.00 0-00, 12 BYPass pumping (5 HP) DY , 300.0(: 60.00 18000.~ 1:~ BYPaSS PumPing (10 HP) DY 350.00 o. Ot, 14 .ByPaSS pumPing (25 HP) DY 400.00: 15 Excavation (0 t° 5 Feet Deep) CY 110,00 5.00 550,00 cY 125,00 o.o0 16 Excavati°ni (5i t° 10 Feet Deep) -' 17 ExcaVat!°n (1~o to 15 F~t Deep) CY 200~00 0'00 00 2000i00 i 18 Pipe Instal!atibh (4'Inch Diameter) LF 100... 20.00 . ~9 ~ipe Instaliation (6:Inch Diameter) LF 110.00 0!0 20 pipe In~tatiati°n (8-Inch Diameter) LF 120.00 0 21 Concrete StrUCture Improvements, ~ i ,~ 5000~00 Lid Rep!acement - EA-ST 5000.00 1.00 22 Concrete StrUbture improvements, R~Pia~ment LF 3350.00 1.00 3350.00 Tu e 23 Rernov~Reinstal. I -" ~ '-'" Chain Link Fence LF 25.00 0.00 , 0.00 24i Remove/Reinstall, Wood Fence LF 35.00 ... Sub Total of Bid Items $31,940.00 CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD Materials Unit Unit Qty. Extended Cost Cost -MisCellaneous Material ~ 2000.00 1 2000.00, 50.00 01 0.00 Flowable Fill Pre-C_.~-~t Top Slab I 375.00 11 375.00'- -- ' . Sub-Total Materials $2,375.00. Negotiated Addit~enai Work 2,375.00 Total Bid Items 31,940.00 TOTAL AMOUNT DUE $34 315.00 - ,__-.. .' Bid No. 094-2821-00ICJD ITEM U NIT UNIT cOsT QUANITY EXTENDED ~ ' COST ' 0' 100.00 :200.00:; I Trench safelySystem (5'tO 7 Feet) LF 2.0 ~ 4.00 0 - 2 Trench safetyS~tem (7 to 10 Feet) LF . 3 Trench safely'System:(10 Feet +) ' LF ' 4 ~ 0.00 4 Concrete Sidewalk RePair (0 to 20 SF) SF - 20~00: 0.00. --5 Concrete Sidewalk Repair (20+ SF) SF , 1010(; 800.00, 8000.00 , ' 5:00 o.oo 6 Asphalt Repair (0 to 100 SF) SF 7 Asphalt Rep~ r (100+ SF) SF 4.00 0.00 = s¥ o.oo 8 Sod Repair 9 ~ Pump InstallatiOn (0 to 9 HP) F.A-ST 800.0C ~ .0.00~ 0.00 10 Pump Installation(10 to 15 HP) FA-ST 1000.00, .1.00 1000.00 FA-ST 1200.00 0.00, 11 Pump InstallatiOn (16 ;to 25 HP) 123 BYpass PuTping (5 HP) DY 300.00 58.00 17400.00 e,s pUmping;(I0 Hp) DY 350.(: 0 0.00~ 0.00: 15 E~(;avation 0 tO 5 Feet Deep) CY 110.00 54.00 5940.00 .... (~ :~ ' 125.00 2.00 250.00= 16 Excavation (5 to ~0 Feet Deep) CY 17 Excavation (10 tO i5 Feet Deep) CY 200;00 0.00 18 P' e Ins Iati°n ~4qn~h Diameter) LF 100 00 20.00 2000.00 lP ~ 0.00 - --~llat' ' 6- ch Diameter) LF 110.00 . 20 Pipe Installati0n i(~lrlch Diameter) LF 120.00 21 Concrete structure:imPr°vements' Lid Repiacement FA-ST 5000.00 1.00 5000.00 - 22 Concrete Struct~uie Improvements, ---- -- LF 3350.00 0.00 Tube Replacemen 23 Remo,ve/Reinstall- Chain Link Fence LF 25.00 0.00 24 RemOVe/ReinStall- Wood Fence LF 35.00 0.00 Sub Total of Bid Items $39.790.00 CITY Of BOYNTON BEACH Bid No. 094-2821-00/CJD Extended Unit Unit I Qty Cost Sub-Contract Items ' Cost ~oncrete Pumper~ Hour 125.00 2 250.00" 0.00 Sub-Total Sub-Contract $250.00 CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD Materials 1 Unit - Unit Qty. EXtended ,, Cost Cost Miscellaneous Material 2000.00 I 2000,00 Flowable Fill 50.00 21 1050~00 Pre-Cast Top Slab 1610.00 1 1610,00 Sub-Total Materials $4.660.00 Negotiated Additional Work Total Bid Items TOTAL AMOUNT DUE 4,910.00 39,790.00 $44,700.00 Bi~d No. 094-2821-00tCJD ~ ITEM UNIT UNIT COST 'QUANITY EXII:NDED , COST ~ ' 100.00 200.00 1 Trench Safety System (5 to 7 Feet) LF 2.00 _ 0.00 2 Trench safety System (7 to 10 Feet) LF . 4.00 3 Trench safety System (10 Feet +) LF 4.00 0.00 4 Concrete sidewalk Repair (0 to 20 SI=) SF ' 20.00: 0.00 .... 10.00 800.00 8000,00 ~ 5 Co~crete Sidewalk Repair (20+ SF) SF ' ,~ 6 Asphalt Re0air (0 to 100 SF) sE , 5.00: 0.00 78 Asphalt RePair (100+ sF) SF 4.00 0.00 ;Sod RePair SY 3.00 0.00 - 9 Pump Installation (0 lo 9 HP) EA-ST 800.00 1.00 800.00 --10 Pump inStallation (10 to 15 HP) EA-ST 1000.00 0.00! 11 Pump InStallation (16 to 25 HP) EAST 1200.00 0.00 Bypass ~mPing (5 HP) DY 300.00 0.00 0.00 Bypass. Pumping (10 HP) DY 350.00 60.00 21000.00 11123,4 B¥l~as~ pumping (25 Hp) DY 400.00 0.00 CY 110.00 54.00 5940.00 15' Excavat!on (0 to 5 Feet Deep) 0 16 ExCavation (5 to 10 Feet Deep) CY 125.00 2.00 250,0 ' ' 200.00 0.00 1?Excavation (10 to 1,5 Feet Deep) CY ~ - 18 Pipe laStal]ation (4-Inch Diameter) LF 100.00 20.00 2000.00 ' 0.00 n 1~ Pipe InSta[lati° (6'inch Diameter) LF 1 t 0.00 20 PiPe InstallatiOn (8'Inch Diameter) LF 120.00 - C ,. ete Stru° ufe !mproveme.ts, 2i Lid Replacement EA-ST 5000.00 1.00 5000.00 Concrete Stru~ure improvements, : 0.00 Tube,iRep!ace~ent LF 3350.00 LF 25.00 20.00 500.00 23 Re~Ti0ve/ReinSlall' Chain Link Fence Eemqv~e)nStail- =Wood Fence LF 35.00 _ [24 ' 0.00 $43,690.00 Sub Total of Bid Items CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD Sub-Contract Items I Unit Unit I QtY I Extended ... - Cost I Cost ~oncrete Pumper~ Hour 125.00= 2 250.00 0.00 Sub-Total Sub-Cor~t~act $250.0(~.. CITY OF BOYNTON BEACH Bid No. 094-2821-00/CJD Materials [ Unit ', Unit Qty. Extended ,~Cost Cost Miscellaneous Material 2000.00 I 2000.00 Flowable Fill 50.00 21 1050.00 Pre-Cast Top Slab 1610.00 I 1610.00 ' Sub-Total Materials I $4,660.00 Negotiated Additional Work Total Bid Items TOTAL AMOUNT DUE 4,9113.00 43,690.00 $48,600.00 REQUEST FOR REQUISITION H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: PrOcurement Asslt: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Lift Station conversions 503, 506, 710, 712 - electrical transition Commission appr°val VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Edwards Electric Admin. ( ) Date: 7-12-02 I ASAP (X) Address 7231 Southern Blvd. C-2 Construction ( ) Date Needed: ASAP Confirm. ( ) west Palm Beach, FL 33413 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 561-683-7066 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( x (over $500) Don Flyrm Pumping ( x ) Quotes/Written (x) E. WTP 41 ( ) (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. ( ) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Tony Lombardi Sewage ( ) Insurance ( ) ! Special Instructions: Requirements: APPROVED: Mark Law Strmwtr. ( ) Project Number: SWR081 Quan. Unit Price Description & Part Number ~ Fund Dept Basic Elem Obj Amount 1 4,500.00 Lift Station 503 Laurel Hills 405 5000 590 96 04 4,500.00 1 4,700.00 Lift Station 506 Venetian Isles 4,700.00 1 5,300.00 Lift Station 710 Meadows 5,300.00 1 5,000.00 Lift Station 712 Boynton Beach Mall 5,000.00 19,500.00 U:\conboyuserdata\wordata\wordfile~requisition blank, doc The City of Boynton Beach /~ Utilities Department 5469 W. Boynton Beach Blva[ Boynton Beach, Florida 3343 7 Phone (561) 3 75-6452 ) FAX:(561731-O065 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Electrican conversion LS 503,506, 710, 712 VENDOR # 1: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: Edward's Electric D. Flynn 561-683-7066 $19,500.00 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: Wilson & Buist, Inc. T. Buist 954-426-5301 $20,450.00 VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: Trio Development Larry Sho~z 954-971-2288 $2O,O35 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. U:\conboyuserdata\wordata\wordfileh'equisition blank.doc INDUSTRIAL ELECTRICAL CONTRACTING ) - C-2 561 -683-7066 · 561 -683-8115 FAX EC 0001'100 LOM . DI To BOYNTON BEACH UTILITIES Proposal No. 999-BOYNTON 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL. 33425 Date 05/13/2002 We hereby propose to furnish labor and material necessary to provide the Electrical Installation for the ~qf' I.ll:~T gTATIf)NS located at BOYNTON BEACH. FL. in accordance with the expressly subject to the standard conditions stated on the reverse side of this proposal. D£SCRIPTION: FURNISH AND INSTALL LIFT STATION ELECiI',RICAL PER DISCUSSIONS INCLUDING: FP&L SERVICE; METER cAN, SS FUSED DISC. SWITCH, EQUIPMENT RACK, TERMINATIONS, GROUNDING AND ELECTRICAL PERMIT AS REQUIRED PER STATION. L/S #712 $5,000.00 L/S #710 $5,300.00 L/S #506 $4,700.00 L/S #503 $4,500.00 NOT INCLUDED ABOVE: PUMP CONTROL PANEL, PUMPS., FLOATS, LEVEL SENSORS. GAS DETECTOR. CONCRETE WORK OF ANY KIND. FINAL GRADE RESTORATION AND HOLES INTO WETWELL. THANK YOU FOR THE OPPORTUNITY TO QUOTE ON THIS PROJECT. This proposal may be withdrawn if not accepted within thirty days after this date. Any changes in the jobsite conditions may void this proposal. It is anticipated this proposal will require additional working days to complete. Date By_ IF1ZSON & B UIST, INC. General and Engineering Contractors CGC 016739 CUC057165 3467 FI. ITdlsboro Blvd., #6 Deerfield Beach, FI. 35442 (954) 426-5301 Fax No.: (954) 42 7-6319 May 15, 2002 Mr. Anthony Lombardi City of Boymon Beach, Florida 124 E. Woolbright Road Boyaton Beach. Florida 33425 Re: Electrical Modification to Sewage Lift Stations City of Boynton Beach, Florida G~ntlcmen: Listed below is Wilson & Buist, Inc. lump stm~ proposal per lift station for the electrical modifications. The proposal consist of: A. Installation of control panels furnished by owner. B. Installation of conduit to wet well and Florida Power & Light service point. C. Main disconnects to be stainless steel. D. Florida Power & Light f~-'s not included. Lif/Station #503 Litt Station #506 Lift Station #710 Lift Station #712 $4,600.00 $5,000.00 $5,600.O0 $5,250.00 WILSON & BUIST, INC. Thomas B. Built Pr~itk-nt ~ ~, TBB/rae . MAY28, 2002 1701 N.W. 22nd Court Phone Fax (954) 971-0030 Mr. Tony Lombardi City of Boynton Beach 124 East Woolbdght Road Boynton Beach, FL 33425 Re: Lift Station Can Rehabs, Group No. 2 Dear Mr. Lombardi: Please consider this letter as our proposal to perform the electrical work at the above-mentioned projects as follows: Phase I Lift Station $03 Lift Station 506 Lift Station 710 Lift Station 712' $4,6'10.00 $4,950.00 $5,425.00 $5.050.00 The work includes the conduits from the wet-well, rack with disconnect sWitches and service runs. Florida Power & Light fees are Not Included. Please do not hesitate to call if we can provide you with anything further. Yours truly, Lawrence R. Shortz TRIO DEVELOPMENT CORPORATION LRS:sCb Conbo~/, Barb From: ,~%Sent: To: Cc: Subject: Atkins. Bill Wednesday. June 19, 2002 3:11 PM Conboy, Barb: Law, Mark Cherof, James; Doppler. Carol RE: Bid #094-2821-00/CJD Master Lift Station Rehab On this date Carol Doppler and I spoke With Jim Cherof in regards to the referenced bid. This bid was basically a two (2) part bid that awarded Rehab of Master Lift Stations #316, 317. 319, and 356' to Wideil Inc.. and awarded the line item part for additional work to conver[ existing can type stations to a typical submersible station to Trio Development. Since this was a construction bid with set number of calendar days to completion for Widetl Inc.. there was no provision in the bid to address award period for the "as needed" work by Trio Development. Per Jim Cherof, the Trio Development m~scetlaneous work should have been addressed in a formal contract with dates, etc. Normally, this type of an award would have been for a one year period with provision for a one year renewal. At this time Jim Cherof felt it would be advisable to treat this bid award as though the language was provided, and continue the current bid award unti November 20.2002. This will allow Utilities Department and Procurement Services time to prepare a new bid solicitation Therefore. based on this, Procurement Services has the authority to issue a purchase order for the work provided Trio Development is still hononng the prices as stated in the bid. In order to process the purchase requisition, Procurement Services will need a pricing proposal provided by Trio Development that directly relates to the I ne items and pricing in the bid award. Bill .... Original Message .... From: Conboy, Barb Sent: Wednesday, June 12, 2002 1:29 PM To: Atkins, Bill; Doppler, Carol Subject: Bid #094-2821-00/CJD Master Lift Station Rehab Bill and Carol, Need your opinion on the subject bid, particularly the Trio portion, which is a line item bid. I do not see a time limit prices good for etc. This was awarded back in Nov. 2000 and we did a PO in Sept. 01 after going back to Commission for approval. I have another request on my desk for $178,210.00 based on same pricing. Is this still a current bid????? I am.on the fence. Barb Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VIL-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 [Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 [Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to approve CHANGE ORDERS #5, 6, and #7 to CONSTRUCTION TECHNOLOGY in the cumulative amount of: $11,863.00 for the Boat Club Park Renovations and Site Improvements Project. EXPLANATION: Change Order #5: A) Docks - Change fixed piers north and south ramps from concrete to aluminum frames with Ipe wood decking. Change floating docks south of ramps from concrete to aluminum frames with aluminum grating. B) Flag Pole- Change flagpole from Model ECA-35 (.156" wall thickness) to Model EC-35 (.188" wall thickness) PRICING: No cost (adds and deducts net no cost increase) Change Order #6: Provide an additional lighting fixture near fishing pier. connect to Panel B. PRICING: Increase $3,852.00 Provide additional electrical service to new fixture and Change Order #7: Contractor to remove buttonwood trees whose root structure was interfering with planned drainage system, damaging the. roadway and the parking pavement. The solution was determined to replace with sable palms which will provide improved appearance and will not affect drainage, and a new swale cut to improve drainage and long- term pavement condition. PRICING: Increase $8,011.00 Attached memo from Bill De Beck, Project Manager, provides narrative detail for these change orders. S:x~BULLETIN~ORMS'~GENDA ITEM REQUEST FORM.DOC C: Bill DeBeck- Project Manager Engineering File CITY OF BOYNTON BEACH SUmmary of Change Orders for Boat ClUb park Renovations and Site Improvements Project: Original Contract: Change order No. 1-5 Change Order No. 6 Change Order No. 7 $944,575.00 22,013.00 (1-4 Commission approved April 2, 2002 & #5 no impact in cost) 3,852.00 8,011.00 Total Revised Contract Price: $978,451.00 PROGRAM IMPACT: These change orders will improve drainage along with preventing damage to roadway and pavement, and enhance the appearance of the park. FISCAL IMPACT: BUDGET ACCOUNT #: 105-3254-513-31-90 EXPENDITURE: $11,863,00 Procurement Services Department Name City l~Ianager's Signature City Attorney / Finance / Human Resources S:kI3ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Bill DeBeck- Project Manager Engineering File DEPARTMENT OF PUBLIC WORKS ENGINEERING DMSION MEMORANDUM NO. 02-131 JUN 2 .21102 TO: FROM: DATE: SUBJECT: Bill Atkins, Assistant Director Finance/Procurement Agent Bill DeBeck, Project Manager~ June 21,2002 BOAT CLUB PARK PROJECT CHANGE ORDERS 5&6 (PO # 020510) You are kindly requested to amend the subject Purchase Order to include the Change Orders 5 & 6 in accordance with the following information: Project: Boat Club Park Renovations and Site Improvements Contractor: Construction Technology Inc. Change Order No.5: a) Docks- Change fixed pier north of ramps from concrete to aluminum frames with Ipe wood decking. Change fixed pier south of ramps from concrete to aluminum frames with aluminum grating. Change floating docks south of ramps from concrete to all aluminum. b) Flag pole- Change flagpole from Model ECA-35 (.156" wall thickness) to Model EC-35 (.188" wall thickness). Pricing: No cost (adds and deducts net no cost increase) Time: The contract completion schedule is increased by 60 calendar days due to this change. Revised substantial completion date is therefore July 30, 2002. Change Order No. 6: Provide an additional lighting fixture near fishing pier. new fixture and connect to Panel B. Provide additional electrical service to Pricing: Increase $3852.00 Time: No change to contract completion schedule. Revised Contract Amount: The total contract amount is increased from $966,588 to a revised total of $970,440. Reason for the Changes: Field conditions/improved security lighting at fishing pier. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-148 RECEIVED, JUL: 1 7 20O2 TO: THRU: FROM · Bill Atkins, Assistant D rector FinanCe/Procurement Agent Jeff Livergood, Director Public Works Department //~' B I DeBeck, Project Manager ~ DATE: July 15, 2002 SUBJECT: AGENDA ITEM- BOAT CLUB PARK CHANGE ORDER NO. 7 (PO # 020510) You are kindly requested to prepare an Agenda Item Request Form for the subject Change Order for Boat Club Park project in accordance with the following information: Project: Boat Club Park Renovation Contractor: Construction Technology, Inc Change Order No. 7, Scope ~of Services: Clear 18 Buttonwood trees at the north side of the entrance drive. Rework the existing grade for drainage in the same area. Install 15 Sable Palms (non-booted), 12-22' clear trunk. Install sodas required. Price: $8,011.00 Account No. 105-3254-513-31-90 Contract Status: Original Contract Amount Change Orders to date (1-6) Change Order No. 7 Revised Contract Amount $944,575 $ 25,865 $ 8,011 $978,451 Reason for this change order: Field condition encountered by contractor required clearing of existing buttonwood trees whose root structure were interfering with planned drainage system, damaging the roadway and the parking pavement. The Solution was determined to be replacement with sable palms which will provide improved appearance and will not affect drainage, a new swale cut to improve drainage and long-term pavement condition. Client Office Approval: John Wildner, Director Parks Department has concurred with the solution set forth above and with this change order. Copies of the signed change order are attached hereto. If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. Xc: Bill DeBeck John Wildner Clem Bucher Dave Kelley S:\Engineering\CSD\Bucher~Agenda Item - Boat Club Park CO No. 7.doc Distribution: Owner O Architect Proposal Request Consultant O Contractor City Of Boynton Beach Department of Eng neer ng Construction Services Division Field O Other Project: Boat Club Park Owner: City of Boynton Beach To Contractor: Construction Tech. Inc Proposal Request No.: 1 Date of Issuance: May 14, 2002 Contract Dated: 9/19/01 Architect's Project No.: Architect: WRT Contract For: $ 944,575 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Submit proposal within 14 days or notify the Architect in writing of the date on which you anticipate submitting your proposal. This is not a change order, a Construction Change Directive or a Direction to Proceed with the work described in the proposed modifications. % Remove 15 buttonwood trees in the center parking median, install 15, 12 to 22 ft. tall assorted sizes clear trunk, (not booted) Sabel palmetto palms. Grade all areas between pavement to form a swale 6" deep in the (;enter. Install previously required sprinkler system for 100% coverage and resod all disturbed areas with St. Augustine grass. XC: Kevin Might Bill De Beck~~ I~equested By CONSTRUCTION TECHNOLOGY, INC. May 31, 2002 City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, F1 33425 Attn: Bill DeBeck Re: Boat Club Park Renovations & Additions Dear Mr. DeBeck: As per your request, the following is a price breakdown to perform additional work for the above referenced project as described: Clear 18 buttonwoods at the north side of entrance drive, rework existing grade for drainage in same area, install 15 sabal palms (non-booted) 12' -22' ~ and install sod- C_,\ ~ v--~,t-~4 W Supervision $ 520.00 Labor Cleating $1,239.00 Labor CJrading $ 826.00 Backhoe/loader combination $1,180.00 Disposal $ 910.00 FueI, Chainsaw, & Misc. $ 190.00 New Trees $2,390.00 Sod $ 756.00 TOTAL $8,011.00 NOTE: Repair to electrical service (lighting) if damaged during cleating, is not included. Please advise as soon as possible as whether we'should proceed with this work. Sincerely, C~ TECHNOLOGY, Syd K. Hobbs, Senior Project Manager P.O. BOX 16576 ° WEST PALM BEACH, FLORIDA 33416-6576 ° 561-683-7495 ® Fax 561-683-7522 7200 WESTPORT PLACE · BLDG. B · WEST PALM BEACH, FL 33413 INTERNET: http://www, flipag.net/contech E-MAI L: contech @bellsouth.net Requested City Commission Meeting Dates [] August 6. 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGE NDA ITEM B.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~1' Consent Agenda [] New Business [] Public Hearing [] Legal ,_a Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to multi award Bid#063-1412-02/CJD "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsible, responsive bidder who meets all specifications (although in some cases lots were kept together), with an estimated expenditure of: $150,000.00. CONTRACT PERIOD: AUGUST 6, 2002 TO AUGUST 5, 2003 EXPLANATION: On June 17, 2002, Procurement Services received and opened four (4) proposals for the above mentioned bid. It is recommended to award this bid to two (2) vendors on a "low bid" basis, although in some cases lots were kept together. The evaluating factors used in determining the award were based on: price, brand name, and the vendors' minimum shipping policy. Dominic De Mauro, Warehouse Manager, concurs with this recommendation (per memo attached). PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of brass fittings and accessories to be ordered on an "As Needed" basis and stocked in the warehouse for the use of several dePartments. FISCAL IMPACT: INVENTORY ACCOUNT: 502-000-141-000-00 pty .... Procurement Services Department Name ESTIMATED EXPENDITURE: $150,000.00 ~ture City Attorne:~ ! Finance ! Human Resources C: Dominic De Mauro - Warehouse Manager File SABULLETIN~FORMS',AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION REC E IVED JUL 0'8 2002 ,~E$ TO: FROM: DATE: SUBJECT: Bill Atkins Deputy Finance Director Dominic DeMauro, Warehouse Manager July 8, 2002 BRASS FITTINGS AND ACCESSORIES 063-1412-02cjd I have reviewed tabulation sheet from your office. I used the following factors in determining this award A) price B) brand name C) vendor minimum shipping. My recommendation is the bid be multi awarded to over all low vender. In some cases lots were kept together. No consideration' was given to Hughes Supply, Inc Due to minimum delivery. If you have any question please call me 6324. ADAPTOR Ferguson Underground 1,2,3,4,5,6,7,8,9 CORPORATION ADAPTORS Ferguson Underground 10,11 BALL CORPORATION Ferguson Underground 12,13 Ball valves -comp x tip Ferguson Underground 14,15,16,17,18 BALL VALVES IPXIP Ferguson Underground 19,20,21,22,23,24,25 BRASS GATE VALVES U.S. FILTER 26,27 TAIL PIECES FOR YOKE Ferguson Underground 28,29 EXPANSION NUTS Ferguson underground 3 0,31 METER SPUDS FergusOn underground 32,33,34 BRASS CLEAN OUT CAPS Hughes supply 35,36 Page two BRASS NIPPLES Ferguson underground U.S. Filter BRASS REDUCER Ferguson Underground U.S. Filter BRASS BUSHING U.S. Filter Ferguson underground BRASS CAPS Ferguson Underground U.S Filter BRASS COUPLINGS Ferguson Underground U.S. Filter 37,38,39,40, 41,42,43,44 45,46,47,48,49 50,52 51 53,54,55,57 56,58 59,60,61,62 63 64,65,66 67,68 BRASS ELLS 45 DEGREE Ferguson Underground 69,70,71,72 BRASS ELLS 90 DEGREE U.S. Filter 73,74,75,76 BRASS TEES U.S. Filter 77.78.79.80 BRASS PLUGS I.P Ferguson Underground 81,82,83,84,85 BRASS PLUG CC THERD U.S. Filter FORD PACK JOINT FERGUSON L COUPLING Ferguson underground FLANGE PLATES Ferguson Underground 96,97 FLANGE PLATES COMP X FLANGE Ferguson Underground 98 U.S. Filter qc[ UNION BRASS 3-PIECE Ferguson Underground DRESSER Ferguson Underground CUSTOM SETTER U.S. Filter RAISER FOR METER Ferguson Underground 86,87,88,89 90,91 92,93,94,95 100,101,102,103 104,105,106,107,108,109,110,111 112,113 114,115,116,117,118,119 Page three FIRE HYDRANT SUPPLIES U.S. Filter 120,121,122 COPER Hughes Supply 123 In addition to over all low prices the following discounts are for items not listed on this bid. Ferguson Underground 40%-70% U.S filter 40% ,-"- ~ x ~o mm · m X ::~ ITl 000000000 O0 000~ Izl~lz lC ~lc: IZl~lZ I0 :_110 Im Irrilrn :::0 I§1 I~ I~ I,"' I~ lC lC I~ I~ IG~ I~ I~ IOIOIOIOIC IZlZlZlZl~ IZIZIZIZI2 IOIOIOlOIC Imlmlmlmln 1~1~1~31~1~ i;o i;o I~ I;;O I;~ I01010101¢ lC:lC:lC:lC:lC IZlZlZlZl~ lC lC lC lC lC lC I~l~l~l~l~lC I0 IOlOlOlOIC zzzzz; I~1~1o1~1o1~ imlml~lmlmlr Iololololo1~ I~1~1~1ClC1¢ ZZZZZ; Iololololo1~ Z Z o ;I Z z ~0~0 z ~ ~ Z >g~  : z ~ Z ~ ~'m >mmC o~ ~mm D.-om -< ..~' § mm © ~_. m 0 z z cc mm 3> -HO I-- ~> ~ "om Z Z mO m m rn z mr'n .m.m "l~m Z Z C~ 0 m ITl ~/~ 0 mm "om Z Z Z m 0 ill Z Ill c~ o ITl ~_. o CC mm ~> 5.~m Z Z o rrl Z cc c::: --I0 i-- .. rn ~ o 'ri 0 o[ g o o VII.-CONSENT AGENDA ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM I QUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September t 7, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal · ~ Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the bid for: "PURCHASE/INSTALL A NEW/UNUSED 230 KW DHgSEL GENERATOR TO INCLUDE HOUSING AND A STORAGE TANK AT FIRE STATION #3", Bid#053-2210-02/CJD, to BOB MITCHELL ASSOCIATES, INC. of Tampa, Florida in the amount of: $42,427.00. EXPLANATION: On May 15, 2002, Procurement Services opened seven (7) proposals for the above referenced bid. After review and evaluation it has been determined to purchase an alternate generator other than what we specified, as the evaluation committee found that the Generac Generator meets the minimum requirements. BOB MITCFrELL ASSOCIATES, INC. is the lowest, most responsive bidder who can provide us with an equivalent generator. Bill De Beck, Project Manager concurs with this recommendation per attached memo #02-150. PROGRAM IMPACT: The purpose of this generator is to be used as emergency standby power at Fire Station #3 in times of power outages. The purchase of this generator will augment the generator equipment currently in service at Fire Station #3 in order for the station to be fully operational in emergency situations. FISCAL IMPACT: Building Improvements CIP Building Improvements BUDGET ACCOUNT#: 001-2210-522-62-01 302-4118-580-62-01 BUDGETED AMOUNT: $12,427.00 $30,000.00 Deputy Director of Financial Services / ' ~/~ Procurement Services Department Name City Manager's Signature City Attorney / Finance / Human Resources C: Bill De Beck - Project Manager File S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC 0 O0 Z O~ o3o3o3 3:,,'0 ~o~ ZC: ~00 mmm ~> c5 '.'.' .m. _o~ Z~- o -o "o ~ cnmm :I:: co77 ~ m .~.00 mmm ~ ...m. Z~ Om m Z rn 0 rn 0 Z o3a3m 3~"0 ~ ZC:: .~.00 co z z ~z 'q~ ~.~ 0 IT! 131 Z TO~ THRU: FROM: DATE: RE: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-150 Bill Atkins, Deputy Dir. Finance/Purchasing Agent Jeff Livergood, D rector Public Works Department,~.~' Bill DeBeck, Project Manager~_~ July 16, 2002 FIRE STATION #3 - GENERATOR #053-2210-02/CJD RECEIVED JUL 17 2002 PROCUREMENT SERVICES award the contract for the generator at Fire Station #3 to the Iow bidder, Bob Mitchell, the bid amount of $42,427. Though the equipment bid is not what City Staff requested to be supplied, it meets the minimum requirements and we cannot provide specific information to show the generator equipment to be inferior to the requested Oman equipment. Charge to Account: #001-2210-522-62-01 $12,427 #302-4118-580-62-01 - $30,000 Please place this on the next City agenda for approval. WMD/ck Xc: Richard Fiege, Facilities David Liu, Fire J:\SHRDATA\Engineenng\CSD\DeBeck\FS-3 GeneratorV~,ward of Contract Memo to B. Atkins 7-16-02,doc Requested City comnmssion Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM B.7. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commissmn Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award ARCHITECTS DESIGN GROUP, INC., of Winter Park, Florida the consultant agreement for RFQ #040-2413-02/CJD for the "RFQ - CITY -WIDE SPACE PLANNING STUDY" in the amount of: $88,780.00. EXPLANATION: On March 20, 2002, Procurement received and opened six (6) proposals for the above mentioned RFQ. It is recommended to award this project to: ARCHITECTS DESIGN GROUP, INC. of Winter Park, Florida as their proposal was the most responsive, responsible proposal submitted. Jeff Livergood, Public Works Director concurs with this recommendation per attached memo #02-153. PROGRAM IMPACT: The purpose of this RFQ was to seek a Consultant to evaluate the space needs and conditions for all direct and indirectly related .City Service departments (Administration, Service, Recreation, Fire, Police, etc.). FISCAL IMPACT: BUDGET ACCOUNT#: Capital Project #0272 302-4101-580-31-90 Depu~ Director ofF' '~d e~,~ices Procurement Services Department Name BUDGETED AMOUNT: $88,780.00 ~2ity M~nager's Signature City Attorney/~nan~e / Human Resources S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC C: Bill DeBeck - Project Manager Engineering File RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY: OF BOYNTON BEACH, FLORIDA, APPROVING THE #040-2413- 02/CJD DESIGN GROL~,: lINC., PROVIDING FOR SPACE PLANNING AND DmECTING TO WI-IEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFQ #040-2413-02./CJD to Architects Design GrouP, Inc. of Winter Park, Florida. NOW, TItEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACI-I, FLORIDA, TI-IAT: Section 1. The City Commission of the City of Boynton Beach, Florida, the award of RFQ #040-2413-02./CJD to Architects Design Group, [nc, providing for the RFQ City-Wide Space Planning Study, in the amount of $88,780.00, a copy of said Contract is attached hereto. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) __ day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner CONSULTANT AGREEMENT FORM CITY-WIDE SPACE PLANNING STUDY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to hereinafter referred to as the Consultan , in as "the City" ' ' " t" consideration of the mutual 1 and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform Architectural & Planning: services in connection with the project designated "City-Wide Space Planning Study" RFQ No. 040-2413-02/CJD. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by ninety (90)days from the date written notice ~s given to proceed, unless an extension of such time is granted in writing by the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on attached hereto, provided that the total amount of payment to Consultant shall be in accordance with Attachment B of this agreement and shall not be increased without the express written modification of the agreement signed by the City. bo The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. o o 10. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not, The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connectiOn with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws¢ ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold ,harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or :any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and · $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $i;000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall:be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial: insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant wan'ants that he has not employed or retained any company or person, other than a benefice employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other that a bonefide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or 11. 12. 13. 14. 15. 16. consideration, or otherwise recover, the full: amoUnt of such fee, commission, percentage, brokerage feel gift, or contingent fee. DISCRIMINATION PROHIBITED. The .Consultant, with regard to the work performed by it under this agreement, tiscriminate color, national origin, religion, creed, age, s or supplies. City. NON-WAIVER. Waiver by the City of 'any provision limitation provided for in this provision. or any time other TERMINATION. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the- Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this :agreement between surviving members of the Consultant and the City, if the City chooses. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Kurt Bressner, City Manager C: Bill DeBeek, Pro|eet Manager Notices to Consultant shall be sent to the following address: Architects Design Group, Inc. P.O. Box 1210 Winter Park, Florida 32790 Phone: 407-647-1706 Fax: 407.645.5525 Atto: I.S.IC Reeves :V, FAIA, President 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. EXHIBIT A: SCOPE OF SERVIcEs ATTACHMENT B: COMPENSATION FOR SERVICES DATED this day of ., 20__ CITY OF BOYNTON BEACH Mayor Architects Design Group, Inc. Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 6/17/02 AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Scope of ServiceS: Citywide SPace Planning Study City o£ Boynton Beach, Florida ADG Project No. 651-02 The Project is generally described as a comprehensive facility study of several municipal facilities, including the following facilities (as identified in the RFQ): CITY HALL 100 East Boynton Beach Blvd. CITY HALL - EAST. WING 100 East Boynton Beach Blvd. CITY,HALL - WEST WING 100 East Boynton Beach Blvd. COMMISSION CHAMBERS 100 East Boynton Beach Blvd. POLICE HEADQUARTERS 100 East Boynton Beach Blvd. FIRE STATION 100 East Boynton BeaCh Blvd. WILSON CENTER/WILSON POOL RECREATION ACTMTY CENTER CODE ENFORCEMENT TRAILER PISTOL RANGE 3501 N. Congress PUBLIC WORKS #1 - Admin Bldg, Warehouse, Vehicle Service PUBLIC WORKS #2 - Streets/Sanitation, Facilities Management 222 N.E. 9th Avenue PUBLIC WORKS #3 - Parks Maintenance 222 N.E. 9th Avenue PUBLIC WORKS #7 - Parks Storage 222 NE 9th Avenue ANIMAL SHELTER 415 NE 4th Street The study shall take into consideration the current and future (20 year) space requirements for service delivery and shall develop recommendations that relate to current and anticipated physical need. The City, under terms of this agreement, has the ability to authorize the architect to provide Architectural, Engineering and Planning services for specific facilities through task-specific work orders. The general scope and Phases of Services herein are identified as follows; specific services to be provided for specific facility analyses will be identified in individual work orders. Note: See also Exhibit "A" page 5 for a matrix of facilities and services to be provided under terms of this agreement. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 2 1. Task I: 1.1 1.2 1.3 1.4 1.5 1.6 Spatial Needs Assessment: The Architect shall participate in an initial meeting, with departmental personnel and City staff, to review the proposed project and to establish project schedules for specific tasks. The Architect shall conduct an analysis of the routine operations of the identified entities in order to fully understand their function, operations and the respective interaction, relationship, adjacency priorities and potential of joint use facilities. A detailed Spatial Needs Assessment shall then be conducted, providing documentation as to the current and future needs; future need being defined as those anticipated for the year 2020 and current need being .as the year 2002, based upon the projected utility service area of the City. The process for obtaining this information shall consist of a two-part effort; a detailed questionnaire and on-site interviews with the staff of the various departments/entities. The questionnaire shall relate to such information as: 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 Historical, Current and Projections for Future Staffing Levels. A Detailed Mission Statement. An Organizational Chart. An Assessment of Requested Spaces. A Definition of Functional Inter-Relationships. Documentation of Specialized Equipment. Documentation as to relationship to other City Departments. The Architect, as a pan of this phase, shall consider and provide documentation to the extent possible, of staffing level projections and their spatial need impact upon future needs of facilities. The Architect shall provide recommendations on generic space standards by various personnel classification. Space standards shall provide recommendation for furniture and furniture layouts that would improve functionality and cost effectiveness of service delivery. This Phase shall conclude in a detailed report identifying observations, findings, analysis and recommendations relative to current need, future need and alternative recommendations to resolve the needs identified. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Ine. EXHIBIT A Page 3 2. Task II: Existing Facilities Assessment: 2.1 The ArchiteCt and Sub-consultant: team shall conduct a series of on-site inspection of facilities included in the study to identify the physical conditions relative to the following: 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 Assessment of structural condition. Suitability for expansion or rehabilitation. Assessment of accessibility based upon the requirements of the ADA and The Florida Accessibility Code. Assessment of the general condition of the noted buildings. Assessment of energy consumption and conservation techniques utilizing the services of the City's FP&L consultant. 2.2 Based upon the findings, the Architect shall prepare a report identifying preliminary planning recommendations relative to facility alternatives identified in Phase I Space Needs :Assessment. 3. Task III: Evaluate Facili~ SecuriW and Regulatory Compliance: 3.1 The Architect shall review and coordinate the findings and assess the impact of the City's in-house security consultant relative to the facility alternatives identified in Phase I Space Needs Assessment. The Consultant shall review and consider the City's current report and make such comments that are appropriate. 3.2 The Architect and Sub,consultant Team shall evaluate hurricane vulnerability of each facility being studied and prepare recommendatiOns of necessary modifications to improve survivability of the structures. 3.3 Based upon the findings, the Architect shall prepare a report identifying preliminary planning recommendations relative to facility alternatives identified in Phase I Space Needs Assessment. 4. Task IV: Development Alternatives: 4.1 Based upon information developed during the Spatial Needs Assessment Phase, Existing Facilities and Evaluation of Security and Regulatory Compliance, the Architect shall develop a series of development alternatives relative to the various facilities included in the study. 4.2 The Development Alternatives shall consider the following items: 4.2.1 Current and future needs by facility and department/division within each division. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 4 4.2.2 4.2.3 4.2.4 4.2.5 Cost of modifications, expansion, relocations and new construction. Advantages and disadvantages of the various approaches to implementing recommendations. Cost of professional services and miscellaneous expenses associated with implementation of the various alternatives. Timeframes for implementation incorpOrating known factors of CIP budget, upcoming capital projects, bond issues, etc. 4.3 The Architect shall prepare a final report documenting Development Alternatives, observations, findings, analysis, preliminary cost analysis and recommendations that form .the basis of future budget cOnsiderations and timeframes to complete each project. 5. Task V: Prepare As-Built Drawings: 5.1 5.2 5.3 5.4 5.5 The Architect shall assemble all documents (plans, sketches, surveys, etc) fi.om the City that describe the general floor plans and document modifications, alterations and additions to the identified facilities. The Architect shall make a visual inspection of the existing facilities'to note accuracy of the documents provided by the City and to identify modifications, alterations and additions to the facilities not identified on the previously assembled documents. The Architect shall prepare updated floor plans of the facilities that identify the current arrangementi and physical condition of the spaces. The updated floor plans will be Provided to ~the City in the final report and in an AutoCAD 2000 digital file. The Architect shall utilize the As-Built Drawings to prepare a Conceptual NarratiVe Plan of the proposed facilities (Task IV), and to document areas currently utilized bY the respective Departments. The Professional Fee for this Task shall be determined after the Owner has provided those documents and drawings that are available. 6. Task VI: Final PresentatiOn: 6.1 Based upon information developed during the preceding phases, the Architect shall prepare criteria and information relative to site requirements of the various Departments. 6.2 As pan of this Phase, the Architect shall meet with the City Manager and the respective Departments and subsequently with the City Council. The basis of this presentation shall be to fully explain the proposed analysis and to respond to and consider questions and/or recommendations by the Council and the citizens of the City of Boynton Beach. AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. EXHIBIT A Page 5 7. The following chart identifies the specific services (tasks) relative to each of the City facilities. : : Tasks No. Facility Identification City * e · 2 City Hall East Wing 4 Co~ission Ch~bers 5 Police Headqu~ers 7 Recreation ACfivi~ Center · , : ~,: , 8 Public Works ~ 1 ~ , · e 9 ~ Public WOrks ~ 10 Pubhc Works ~ ub}ic WorkS g7 11 P ' · · ~a1 Shelter 13 : FlreStatlon~3, , · 14WilSOn center : e · 16 cod E 'fOrcement Trailer AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. ATTACHMENT B Compensation for Services City of Boynton Beach, Florida ADG project No. 651-02 Compensation for Reimbursable Expenses The City intends to issue work orders on a task specific basis. shall be included with each work order. Reimbursable expenses The basis for the reimbursable expenses shall be as outlined below. Reimbursement for the CONSULTANT will be billed at cost times 1.10. The consultant shall be entitled to costs associated with the preparation of documents and/or invoices related to reimbursable expenses. Description Price In-House Duplicating Distance Facsimile Charges Charges Actual Cost Actual Cost Cell Phone Charges Postage Charges Ovemi Comer Charges ,duction - In House ,duction -Outsourced Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Film & Development Miscellaneous Office Expenses (Materials) Expenses: Actual Cost Actual Cost Rental Car Actual Cost $0.345/mile Actual Cost Fuel Actual Cost Actual Cost Meals Actual Cost AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. ATTACHMENT B Page 2 Frequency Of Billing Invoicing shall be submitted to the CITY on a monthly basis for the work performed during that billing period. Supplemental Records The CONSULTANT must maintain adequately detailed time records for all principals, partners, and employees who devote time to the work, and any part of whose salaries is included in Direct labor Cost. Time sheets, if requested by the CITY, are to be Provided upon-presentation of each invoice. Receipts and other documents, if requested by the CITY, shall be provided to substantiate all expenditures. ' N DIRECT/BILLABLE LABOR RATES FOR CONSULTANT S EMPLOYEES O PROJECT TEAM Job Classification : HOurly Rate schedule Billable Rate Raw with 2.7 multiplier - Principal-In-Charge $46.3 ! ~ $125.04 Studio Design Director $32.89 $88.80 Project ArChitect $22.35i $60.35 Computer Supervisor $21.151 $57.11 18.25 pute Com rCADD I $ $49.28 Clerical $13.00 $35.10 aphic Design $14.50 Gr er $39.15 Interior Design Principal $23.84 $64.37 Professional Fees The CoNsULTA~NT agrees to provide the referenced services (tasks) at a fixed fee, identified as follows: 4.1 4.2 Task I: Spatial Needs Assessment: · Professional fee ...................................................................................... $ 45,250.00 Task II: Existing Facilities Assessment: · Structural Engineering ............................. $ 3,800.00 · Mechanical/Electrical Engineering .......... $ 3,400.00 · Architectural ............................................ $ 6,870.00 · Total/Professional Fee ........................................................................... $14,070.00 AGREEMENT FOR PROFESSIONAL SERVICES Architects Design Group, Inc. ATTACHMENT B Page 3 4.3 4.4 4.5 4.6 4.7 4.8 Task III: Evaluate Facility Security and Regulatory Compliance: · Professional fee ........................................................................................ $ 4,280.00 Task IV: Development Alternatives: · Professional fee ...................................................................................... $10,180.00 Task V: Prepare As-Built Drawings: · Professional fee ........................................................................................ $ 8,800.00 Task VI: Final Presentations: · Professional fee ........................................................................................ $ 2,800.00 Reimbursable Expenses (Fixed Fee) ............................................................... $3,400.00 Total/Professional Fees .............................................................................. $ 88,780.00 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-153 ECEIVED' JUL 1 7 200~ :p ~.L~C~JREMENT SERVICES TO: THRU: FROM: DATE: SUBJECT: Bill Atkins, Assistant Director Finance/Procurement Agent Jeff Livergood, Director, Public Works ~ ~? ~ Bill DeBeck, Project Manager~ July 17, 2002 COMMISSION AGENDA- CITY WIDE SPACE PLANNING STUDY YOu are kindly requested to prepare the Agenda Item Request Form for the subject project. Upon approval by the City Commission please issue a Purchase Order in accordance with the following information: Project: City-Wide Space Planning Study Scope of Work: Perform Architectural and Planning Services for a City-Wide Space Study in accordance with the Scope of Services in Attachment "A' to the RFQ No. 040-2413-02/CJD. Consultant: Architects Design Group, Inc. Price: $88,780.00 in accordance with the Compensation for Services schedule set forth in Attachment "B" to the RFQ No. 040-2413-02/CJD. Basis for Contracting: This consultant contract is pursuant to a RFQ No. 040-2413-02/CJD issued as a competitive procurement in accordance with the CCNA statutes. Account No.:- 302-4101-580-31-90, Capital Project # 0272 If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. CC: Bill DeBeck Clem Bucher Jeff Livergood File Attachment: Consultant Agreement Form, City-Wide Space Planning Study J:~SHRDATA~Engineering\CSD~Bucher\City Wide Space Planning Study - Commission Agenda.doc Architects Design Group, Inc. P.O. Box 1210 or 333 North Knowles Ave. Winter Park, Florida 32790 phone: 407~647-1706 fax: 407-645-5525 aa.q@mDinet net · www.architectsdesi.qn.qroup.com LETI'ER OF TRANSMITTAL to: City of Boynton Beach project name: City-wide SDace Needs Study date: June 17, 2002 project / file 651-02 no.: address: affention: Mr. Bill DeBeck 100 E. Boynton Beach Blvd Boynton Beach, FI 33435 Phone: 561-742-6285 THE FOLLOWING ITEMS: [] change order [] plans [] copy of letter [] proposal request [] pay application [] reproducibles [] samples [] shop. drawings [] specifiE~ations [] other VIA: [] overnight delivery [] hand delivery i--I: fax' : [] mail [] pick-up COPIES: DATE: ITEM DESCRIPTION: 1 I 6/17/02 Consultant Agreement Form - City-wide Space Needs 1 6/17/02 Atfachment B-I - Women's Club THESE ARE TRANSMITTE [] for review and camm ~ for your use ~ as requested submitted COMMENTS: Please fin( on Wedn~ te markings )vide backup info nature requested 'iewed as noted / ,ok forward to seeing you Submittals must be return~ Delinquent return of Shoj6, / later than ADG Forms Transmittal Copyright © 2000 Kribs, Carol From: Sent: To: Cc: Subject: Livergood, Jeffrey Wednesday, July 17, 2002 2:14 PM Bucher, Clem; Kribs, Carol DeBeck, Bill RE: City Wide Space Planning: Study-Agenda Item Clem, We have re-budgeted this effective October 1. We are anticipating expenses as follows: 01/02 $50,000 expected expense out of the $70,000 budgeted 02/03 $40,000 budgeted expense Jeff .... Original Message ..... From: Bucher, Clem Sent: Wednesday, July 17, 2002 11:10 AM To: Kdbs, Carol Cc: Del]ecl(, Bill; Uvergood, Jeffrey Subject: City Wide Space Planning Study-Agenda Item << File: Doc4.doc >> Carol, would you pis do this memo in final format. Bill/Jeff: the account number cited was originally budgeted at $70,000. The proposed amount for the consultant contract is $88780. We will need to fund the difference of $18,780 from other source(s). Pis advise. Also Bill you will need to obtain the revised proposal package from ADG to include as the attachment to this memo. Thanks,clem VII.-CONSENT AG ENDA CITY OF BOYNTON BEAC ITEM B.8. AGENDA ITEM QUEST Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve purchase of an Interactive Voice Response System (IVR) from Tele-Works, Incorporated for their automated Building Field Inspection software and related hardware, in the mount of $43,200, as a sole source vendor. EXPLANATION: The Department of Development is committed to improving our level of service provided to our customers. This technology is the single most requested enhancement by both our professional and residential clients. Offering automated scheduling and resolution services will increase customer satisfaction and save a considerable amount clerical staff time. PROGRAM IMPACT: Benefits to the customer: Improved communication and information response time (24 hrs/7 days a week) Listen to menu selections and results in multiple languages. · During normal business hours, callers have the option of interrupting flow and reaching a person for assistance. After hours, callers can either leave a general message or enter the City Voice Mail system to leave a specific message. · Ability to perform the following functions anytime, day or night: · Schedule permit field inspections (and leave special instruction message) · Find out the results from a permit field inspection (including personal voice message from inspector if applicable.) · Listen to or request a fax back of inspection results · Pay fines by phone (future application enhancement) Benefits to Development Staff · Ability to remotely log field inspection results (and leave personal voice messages to permit holder.) · Ability to remotely access inspection scheduling to hear personal comments left by permit holder. · This type of system is already in use by other municipalities throughout Palm Beach County and South Florida. The Building Division has received a number of requests, particularly from contractors and owner/builders (who often work on the weekends), to implement this service. S:\BULLETINYFORMS'u~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH ~AGENDA ITEM ~QUEST FORM FISCAL IMPACT: Funding for e-government initiatives is available from account #'s 001-2411-524.64-14; 001-24 ! 1:-524.61 - 15, $42,000, (Building) and 001-2414-515.64-15, $1,200 (Planning & Zoning); ALTERNATIVES: Continue p~~ exist without enhancing , services. J,//~.. _ Quintus G~ne~ f)ir~cto~ of Development City Ma~ager'~Signature ~'~anl:y Byr~ssis~ht~Je~el~IYm~nt Director ~ity Attorney/Jt~'iffaTtlce / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND TEL-WORKS, INC. FOR THE INTERACTIVE VOICE RESPONSE SYSTEM AND RELATED HARDWARE;' AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Development of the City of Boynton Beach recommends the purchase of an Interactive Voice Response System (IVR) from Tele-Works, Incorporated for their automated Building Field Inspection software and related hardware, in the amount of $43,200 as a sole source vendor; and WHEREAS, customers offering satisfaction; and this technology will improve the level of service provided to the City's automated scheduling and resolution services, increasing customer NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorizes the Mayor and City Clerk to execute a Contractual Agreement between the City of Boynton Beach and Tele-Works, Incorporated, which is attached hereto and made a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca~eso~T¢leworrks t CONTRACTUAL AGREEMENT To Fumish En,qineedn,q, Consulting, Installation Services and Hardware and Software to The City of Boynton Beach for Tele-Works Voice Response Development for Integrated Voice and Web Application THIS AGREEMENT, made Beach, hereinafter called "Consultant" as follows: hereinafter called the WHEREAS, the C and transactional web )lement an interactive telephone ynamic, ,data-driven web Lnd ' t to render the professional and hardware, software and other materials d the Consultant is qualified and willing to perform such Services and provide such Products; and WHEREAS these funds have been budgeted for obtained; forth, the City and the Con [he mutual understandings and agreements set I. THE' PROJECT The Project consists of: Programming and Development for a Tele-Works Voice Response Application which will reside at the City of BoYnton Beach to be made available to customers via the telephone and web browser. II. CONSULTANT, S:RESPONSIBILITIES The Consultant will perform Services and provide Products to include: A. The professional and technical services and assistance; and B. All neCessary hardware, software, services and other materials for the implementation of the public service described herein and as specified in Attachment A: Scope of Work incorporated herein by reference. III. CONSULTANT'S FEE _& PAYMENT TERMS As compensation for all Services and Products described in this Agreement, the Consultant shall be paid a fee of $43,200 which shall constitUte full and complete payment for said Services, Products, and other expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. Payment terms are associated with Project events as detailed in Attachment B: ACiS/-I'VR Pdmary Task List and Ti metable incorporated herein by reference. Compensation will be paid to the Consultant according to thefollowing terms: · 35% upon Notice to ProCeed/Contract Signing/at issuance of Purchase Order · 55% u · under this IV. COMMENCEMENT The ( Agreement. ' tas beyond the Neither this fc been non (2) the of n~ order, or other of the no iS 'an ,essential requirement of this ed in accordance with the ;ultant receives notice to ;nted in ~nd are payment terms. gations under rounds nted by the is; and nts V. TERMINATION notice to the other under this .~r party upon fifteen (15) days prior written the other party to fulfill its obligations · ' ' i B. Th~s Agreement may be terminated by the C ty for its convenience upon fifteen (15) days prior written notice to the Consultant. C. In the event of termination as provided in this Article, the City shall pay the Consultant in full for Services pe the termination date and for Services performed of notice of termination plus any Services or Products the City deems necessarydudng the notice period. Said compensation shall be paid upon the Consultant's delive available to the City all data, schematics, specifications, re referred to as "Project performing the SerVices :1 such;other information and materials (collectively may have been accumulated by the Consultant in in tl~is Agreement, whether completed or in progress. VI. INSURANCE During the course of the Project, the Consultant shall maintain Worker's Compensation Insurance in accordance with the Worker's ComPensation laws of the State of Virginia, Comprehensive General Liability of $2,000,000 aggre~ate/$1,000,000 each occurrence and excess liability of $4,00~,000 each o~;cun'ence. The City ~ill b~e an additional insured under the Consultant's Comprehensive General LiabilitY coverages. If requeSted by the City, the Consultant shall provide 2 proof of insurance with certificates, naming City as additionally insured, of insurance to the City indicating compliance with this paragraph. VII. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement,. the ConSultant shall not discriminate against any employee or applicant for employment beCauSe of race, religion, color, gender, sexual orientation, national, origin, or disability. Such actions shall include, but not be limited to the folloWing demotion or transfer; recruitment or recruitment advertising; layoff or termi~ / or other forms of compensation; and .selection for training, including apprenticeship. VIII. PROHIBITED INTEREST A. The Consultant agrees that :it direct or indirect, WhiCh would conflict responsibilities hereunder. The no person having any has no interest and shall not acquire any interest, 'nanner or degree with the performance of its agrees that in the performance of the Agreement, employed. B. No official or em Agreement or the proceeds City shall have any interest, direct or indirect, in this IX. GENERAL PROVISIONS A. Independent Contractor. In the performance of this Agreement, the Consultant shall act as an independent contractor and not as agent of the City except to the extent the Consultant is specifically authorized to act as agent of the City. B. Books _an__.~d Record?. The Consultant's books and records with respect to the Services and Produ~(J reimbursable costs shall be kept in accordance with recognized accounting principles and practices, consistently applied, and will be made available for the City's inspection at all reasonable times at the places where the same may be kept. The Consultant shall not be required to retain such books and rec.o, rds for more than three (3) years after completion of the Project. Consultant is aware of Florida s Public Records Law, Chapter 119, Fiodda Statutes, and acknowledges its applicability to non-exempt documents associated with this Agreement. C. Ownership of~ Documentation. All plans, schematics, specifications and the like relating to the Project shall be the jc of the City and Consultant. Upon completion of the Project, or at such other time as the City m /.require, the Consultant shall deliver to the City any Project Documentation and additional copies thereof as the City may request, correct as of the date of the request or the completion of the Project. D. Responsibility; Liability. 1. Professional Liability. The Consultant shall exercise in its completion of the Project the standard of care normally exercised by nationally recognized businesses engaged' in performing comparable services. The Consultant shall be liable to the Cityfor any loss, damages or costs incurred by the City for the repair, replaCement or correction of any part of the Project which is deficient or defective as a result of any failure of the Consultant to comply with this standard. 2. Indemnification. The Consultant shall indemnify and hold harmless the City and its agents and em~d against ali claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the Project, provided 3 that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself) including the loss of use resulting therefrom, and (2) is (~aused in wh~31e Or in part by any negligent act or OmissiOn of the Consultant, any subCo~ by any of them or anyone for whose acts any of them gation shall not be construed · ' indemnity which would th~ of of of ion, the NOthing protections, shall be who Will Al ; for the Project the COnsultant , to the to the after maili Consultar shall 10) days )rovide 'porated G. nment. The Consultant shall not assl includir ght to receive compensation of the however, that sL sha assi, Consultant's, affili such assignment shall not relieve the This restrictiOn on assignment includes, without limitation, assignment payment to its surety or lender. whole or in part, 1 consent i respect to ;r, that any Agreement. ,nsultant's right to H. Applicable Laws. This Agreement, and all questions concerning the execution, validity or invalidity, capacity of thirties, and the performance of this Agreement, ~hall be interpreted in all respects in accOrdance with the laws of the State of FL. This Agreement shall constitute the entire agreement between the supersede all prior contracts, proposals, representations, negotiations and Iher wdtten or oral, pertaining to the Services and Products of the Project. 4 TELE-WORKS, INCORPORATED Joan Nelson Chief ExecUtive Officer Date ADDRESS: 210 Prices Fork Road, Suite C P.O. Box M Blacksburg, VA 24063-1027 THE CITY OF BOYNTON BEACH By:, Date ADDRESS: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 ATTEST: ATTEST: .,(Print/type name) Title APPROVED AS TO LEGAL FORM By Title Attachment A Tele-Works . Enhancing' Communication Between Governments and their Citizens To: The City of Boynton Beach From: Nancy Byrne 100 E. Boynton Beach Blvd. Tele-Works, Incorporated El, P. 1027 Date: 7/12/02 REF: Tele-Works, Inc. Estimate # OF PAGES: 1 Dear Ms. Byrne: Tele-Works appreciates the opportunity to provide you with the following estimate. This quotation is an estimate only. Please refer other disclaimers regarding this estimate below. Project Description: The project estimate below is for interactive Building Inspection application for phone interface. Passive Backplane - Industrial Grade Chassis System Platform · 4-Port w/Fax-on-Demand, Call Transfer & $12,000 Multilingual Software. _ ............................................ .......................................... 'i'VR Application ~il $ 20,000 Sub Total On-Site Installation/Trainin Per Visit $ 42,000 ............................................................... Estimated Grand Total Es~ted Annua[ Maintenance Calculated at 15% of total price, after warranty* $ 43,200 $6,30O Note: a one-year warranty is included with all systems *Disclaimers: TVR Application Development pdces are good-faith estimates only and are provided for the purpose of documenting an e~[hnated project pdce for budgeting purposes. This estimate does not represent a not-to-exceed quote. This quote does not include custom integration programming, when required, with back-office data hosts. This quote does not include Application Programmers Interface (APl) kits and/or fees, when required, to perform work. Related payment processing fees associated with the agency's merchant account(s) and chosen payment processor vendors are not included in the Tele-Works e-Payment Module. All fees associated with the agency's electronic processing of payments are negotiated between the agency and their chosen merchant account provider. In order to attain a final not-to-exceed quote, the user must specify and submit TVR application requirements with an official Tele-Works "Scope of Work" form. Scope of Work forms are available on-line at http://www.tele-works.com/form scope.shtml. Following submission, a Tele-Works representative will contact you, and/or your: data provider to determine and disclose ~o you any fees required to develop the application specified in the Scope of Work submission. Please, sedous inquires and submissions only. Following evaluation, a final not-to-exceed quote will be provided disclosing all applicable fees and terms associated with the project from Tele-Works. NOTES: 1) Phone line installation or support costs are not included, 2) Digital line configurations require ISDN PRI Support 3) While Marketing Services (i.e. camera ready brochures) are provided, production and distribution costs for marketing efforts are not included. 4) Maintenance fee increases by an additional 5% if Tele-Works also provides Web Hosting. Attactanent B TVR APPLICATION DEVELOPMENT PROJECT TIMELINE The complex nature of the Project dictates a coordinated timeline with required tasks completed sequentially by Tele-Works and the Government. Failure by either the Government or Tele-Works to complete a task and exceptions to the timeline can be expected to delay the timely finalization of the Project. Milestone 1: Project Planning and Preparation 1. GOVernment/Tele-WOrks prePare general ScOpe of Work and Price Quote. 2. Government/Tele-Works sign COntract; Government issue Purchase Order. 3. Tele-Works invoice 35% of Project Price Quote. 4. Government arrange for and purchase Application Programmer Interface (API)/data interface(s) is to be written by data vendor(s), Tele- Works will invoice a 1( ~ invoice in Step 3 to 25%. 5. ion available from data host(s). 6. Tele-Works deliver sample web and telephony application functionalities and processes. environment(s) to the data host(s); Tele-Works confirm I assist in optional requirements below (if applicable). ire merchant account and payment processing services/provider Optional-obtain SSL Certificate Milestone 2: Project Schedule 1. Tele-Works determine that all steps in Milestone 1 are complete, enter application on development schedule and inform Government of Milestone 3 start date. Each application within a Project can be anticipated to have an individual development schedule. Milestone 3: Application Development Step ApplicatiOn DevelOpment (each application) ApPlication Development Start - Estimated Time: 30 days · Tele-Works/Government: Launch application development, discuss installation Step I requirements/schedule. · Tele-Works; Integrate with Government test environment. Foundational Development - Estimated Time: 60 days Step 2 · Tele-Works: Develop application and configure system. · Government: Arrange for required infrastructure support. Installation, COntinued Development and Testing -Estimated Time: 60 days · Tele-Works: Finalize application development. · Tele-Works: Deliver anc~ install~ system, on-site testing/training and documentation. Step 3 · Tele-Works: Invoice 55% of application development. · Tele-Works: Perform remote diagnostic testing. · Government: Submit in t al change orders covered under Contract; Tele-Works provide quote for Change Orders not covered under Scope of Work. Application Finalization - Estimated Time: 30 days . · Government: Test and/or submit changes covered under Contract. · Tele-Works: Supply changes and invoice for Change Orders as applrcable. Step 4 · Government: Begin acceptance period - not to exceed 30-days without cause. · Tele-WorkS/G°vernment: Complete application acceptance and operational status. · Tele-Works: Invoice final 10% of application development. ~ Government must give 30 days notice of cancellation of a cooperatively scheduled install date to avoid the standard installation charge of $1,200. Indicate selection + both parties initial selection ATTACHMENT C: TELE-WORKS, INC. LICENSE AGREEMENT This License Agreement (the '.'Agreement") r of ,2002 (the "Effective Date") corporation with its Principal place of business at 210 Prices Fork Road, Suite C, Blacksburg, business at I RECITALS WHEREAS, the Licensor has developed s applications that enable individuals to access e- telephone and Interact; and ~. Tele-Works via WHEREAS, pursuant to the terms and conditions of this Agreement, the Licensee wishes to license the above-mentioned software in order to Support and run Tele-Works applications, and the Licensor wishes to grant such license. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth in this Article 1: "Software" means (i)the compiled version of the following of the Licensor's software programs: [] Automated Citizens Information System Software'tM [] Tele-Works Voice Response SoftwareTM and (ii) the compiled version of any updates, modifications or revisions to such software programs that the Licensor provides to the Licensee. "Term" has the meaning given to that term in Section 7.1. 2. LICENSE GRANT. 2.1 Software License. Subject to all the terms and conditions of this Agreement and timely payment of any and all fees due to the Licensor under any project, purchase order or agreement between the parties hereto, all of which shall be subject to the provisions of this Agreement, the Licensor hereby grants a personal, non-exclusive, non-transferable, non- sublicensable license to the Licensee, for so long as this Agreement remains in effect, to use the Software for the limited purpose of supplying and running the Tele-Works applications that are the subject of projects, purchase orders and agreements between the parties hereto. The Licensee shall, use the Software only for its own business purposes, by its authorized personnel. The Licensor reserves all rights not expressly granted herein. 2.2 Copwiettt. The :Software is owned by the Licensor and is protected by:United States copyright laws and applicable international treaties and/or conventions. The Software, and any and all modificatio~is t derivative works thereof, shall remain the exclusive and the Licensee shall have no right, title or 2.3 . Without the prior express written consent of the Licensor, the LiCensee shall not allow any third party (by license agreement or otherwise) to, (a) take any action that wOuld cause the loss or abandonment of the Licensor'S proprietary rights in the Software; (b) resell, distribute, publicly display, transfer, rent, lease, lend, copy, modify, translate, enhance, time-share, license, sublicenSe, electronically transmit Or prepare derivative works of the Software, in whole or in part; (c) disassemble, decompile or reverse engineer in any way, any '(d) otherv~ise use inany way the Software, in any manner not Agreement. 3. WARRANTIES~ 3.1 Limited Warranty. (a) For a period of one (1) year after delivery of the Software to the Licensee (the "Warranty Period'!), the Licensor warrants that the Software shall meet its specifications and function substantially in accordance with its documentation, as modified from time to time. If the Licensor breaches this warranty, it's sole obligation for breach of this warranty shall be to repair or replace the.defective Software with one (1) copy of conforming Software within thirty (30) days of receipt of:notice from the Licensee of a breach of this warranty provided such notification is given within the Warranty Period, and provided that the Licensee has applied all updates, modifications or revisions of the Software, if any, delivered by the Licensor to the Licensee. If the Licensor fails to repair or replace the defective Software as set forth above, the Licensee may terminate this Agreement and receive a refund of the amount paid by the Licensee to the Licensor :for the license of the Software only. (b) The warranty set forth in Section 3.1(a) will be null and void upon modification of the Software by any party other than the Licensor and not approved in writing by the Licensor, or the Licensee's material breach of this Agreement. 3.2 Warranty Exclusions. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 3.1 OF THIS AGREEMENT, THE LICENSOR DOES NOT MAKE ANY, AND DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY USAGE OF TRADE OR COURSE OF DEALING INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. THE LICENSOR MAKES NO REPRESENTATIONS OR W~TIES ON BEHALF OF ITSELF WITH RESPECT: TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT. OR THIS ] THE ~ OF TO :ENSE ;ES 5. RELi~TIONSHIP OF PARTIES . : and no~g contained in: this Agreement shall be venturer, co,owner, agent of fight or obli >arty, it being : contractor 6. ASSIGNMENT. The or in part to any ~ Licensor. , assign, transfer or otherwise dispose of this Agreement in whole corporation or other entity without the prior written consent of the 7. TERM OF AGREEMENT; TERMINATION. 7.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect subject to earlier termination pursuant to this Article 7. 7.2 Event of Termination. Either party may terminate this Agreement if the other party commits a breach of this Agreement and does not cure such breach within thirty (30) days after receipt of written notice given by the other party. 7.3 .greement pursuant to this Article ~7,:all ~, except that the parties shall not be relieved become due as r other respective rights and obligations under Articles 3 and 4, and Sections 2.2, 2.3, 7.3, 8.3 and 8.6. 8. MISCELLANEOUS. 8.1 Force Maj.eure. If the performance.of any obligation(other than payment and confidentiality obligations) under this Agreement is prevented, restricted or interfered with by reason of war, revolution, civil commotion, acts of public enemies, blockade, embargo, strikes, outage ofithe Intemeti law, order, proclamation, regulation, ordinance, demand, or requirement having a legal' effect of any government or any judicial authority or representative of any such govemm~, or any other act whatsoever, whether similar or dissimil~ to those referred to in this Section 8.1, which is beyond the reasonable control of the party affected, then the party so affected shall, upon giving prior written notice to the other party, be excused: from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall cOntinue performance hereunder with reasonable dispatch whenever such causes are removed. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all previous negotiations, agreements and commitments with respect thereto, and shall not be released, discharged, changed or modified in any manner except by insmaments signed by duly authorized officers or representatives of each of the parties hereto. No course of prior dealing between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein. Acceptance or acquiescence in a course of performance rendered hereunder shall not be relevant to determine the meaning of these terms and conditions even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any project, purchase order or agreement between ~he parties, the terms and conditions of this Agreement shall control. 8.3 Applicable Law. Any claim or controversy relating in any way to this Agreement shall be governed and interpreted exclusively in accordance with the laws of the State of Florida and the United States without regard to the United Nations Convention on Contracts for the International Sale of Goods. This Agreement shall be deemed to have been made in, and shall be construed under, the internal laws of the State of Florida, without regard to the principles of 4 conflicts of laws thereof and the United Nations Convention on Contracts for the International Sale of Goods. Any mediation in connection with this Agreement shall be conducted in Palm Beach County, Florida, United States of America. In.addition, the Licensor and the Licensee acknowledge and agree that the state and federal courts located in Palm Beach county, Florida, respect to this Agreement. 8.4 any party Agreement shall be valid and enforceable to event, the parties: shall use their best effort~, a provision that, to the under the invalid or unenforceable provision~ )~fthis 8.5 Waiver of Compliance. Any failure by any party hereto to enforce at any time any term or condition under this Agreement shall not be considered a waiver of that party's right thereafter to enforce each and every item and condition of this Agreement. 8.6 Notices. All notices and other communications in connection with this Agreement sha~wfiting below in the signature section, writing from time to time ' postage prepaid, or by express co~er service, service fee to follow via air mail or express courier service shall be deemed received (i)if given by hand, business days after delivery to courier telefax machine as indicated either in the sender's telefax machine or in the sender's the sender's telefax machine, set forth ~arties in ' certified air mail, a hard copy notices 8.7¸ shall same instrument. This original and all of which together shall ibe each o f which · to be one and the IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. TELE-WORKS, INC. By: Name: Joan C. Nelson Title: Chief Executive Officer Contact Information: Tele-Works, Inc. 210 Prices Fork Road, Suite C Blacksburg, Virginia 24060 Facsimile No: (540) 951-4016 Attn: 'Joan C. Nelson CITY OFBOYNTON BEACH By: Sanle: Title: Contact Information: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Facsimile No: 561-742-6357 Attn: Ms. Nancy Byme 6 ATTACHMENT D: TELE-WORKS, INC: WARRANTY & MAINTENANCE AGREEMENT DOLLAR AMOUNT: $ START DATE: END DATE: AGENCY NAME: The City of Boynton Beach STATE: FL This Warranty and Maintenance Agreement (Agreement) covers the following terms and conditions for a period of one year from the time the: produCts and services are first installed (Warranty) or for the contracted period defined abov.e (Maintenance). Tele-Works, Incorporated, (Warrantor) 210 Prices Fork Road, Suite C, P.O. Box 663, Blacksburg, VA 24063, warrants to the [[AgencyType]] of [[AgencyName:25]] (Warrantee) that the products and services provided to the Warrantee pursuant to any agreement for the Tele-Works Automated Citizens Information System (ACIS) and/or Tele-Works Voice Response (-rvR), to include all hardware and software, shall be free of defects, be in a merchantable condition, and operate in conformance to industry standards for the type of goods and services provided. In the event of a defect, malfunction, or other failure of the product not CaUsed by any misuse °r damage to the product while in the possession of the Warrantee, or not caused by changes to database structurel techniCal configuration or operations of the Warrantee, _W_,arrantor shal repa r or replace such product within a reasonable t me of not ce of Such problem, all at Warrantor s sole cost and expense. Th s Warranty specifically covers parts, labor, and service. 1. Warrantor will prov de =telephone technical support Monday-Friday from 8:30 am to 6:00 pm EST to diagnose problems with the warrant(~d system. Warrant')r: recognizes most Federal holidays. 2. Warrantor will replace defective components of the warranted system. If a complete system is necessary, Warrantor will ship a replacement within 31 business days of receiving the streaming tape backup and damaged system. Warrantor Will provide these replacements at no cost to the Warrantee except where damage has been caused by fire, flood, lightning or other catastrophic event, natural disaster, act of God, act of war or terrorism, riot, civil disorder, rebellion or revolution, court order, or other circumstances beyond the Warrantor's control. If the damage is the result of any of these listed causes, Warrantor responsibility will be limited to temporary replacement of defective items (not to exceed 30 days) or permanent replacement at a charge to the Warrantee not to exceed Warrantor's cost of the items including shipping and reimbursement for any travel expenses incurred by Tele-WorkS employees. 3. The Warrantee is responsible for main[aining a current software/message backup using the streaming tape drive provided with the system. 4. Warrantor will offer free services during the period of time covered by this Agreement that include but are not limited to: a) free access to the on-line Customer Service Center; including the Scriptware~) template library; b) free Monthly Graphical Statistical Report and Evaluation; c) 1 free day of retraining for system administrator(s) when Tele-Works staff is in the immediate locale. 5. Warrantor will provide discounted pricing of certain applications and services during the period of time covered by this Agreement that includes but is not limited to: a) 25% discount for pre-developed application programs and port expansions and a 50% discount for recordings; b) discounted labor rates for site visits and customized programming performed on a contract basis. 6. The maintenance amount extends the first year warranty period and is 15% of the base market price, plus any added applications. Applications purchased during any expiring year will result in an increase to the annual maintenance cost at the next renewal. For technical support to continue uninterrupted, this signed Agreement must be received along with payment or Purchase Order prior to the expiration of the existing Agreement. I, certify that Tele-Works, Incorporated, by: Signature Date (Signature of Official) agrees to the terms described above. ATTACHMENT E: DECtalk END USER AGREEMENT This END USER AGREEMENT, effective is entered into by and between Tele-Works, Inc. ("TW").and The City of Boynton Beach ("END USER"). WHEREAS, TW has between Tele-Works, TW'.~ y ~ and entered into: Runtime License Agreement #QR,CLAM3-34 Inc. and Fonix Corporation (FONIX), whereby TW has a se as a runtime component of applications requiring text-to-speech synthesis technology; WHEREAS, FONIX has granted TW the license to distribute copies of DECtalk Software direCtly: to END USERs provided each END USER enters into an END USER AGREEMENT; NOW THEREFORE, TW and END USER agree as follows: Article 1 - Definitions As used in this Agreement, the following terms shall have the meanings set forth belOw: 1.01 RUNTIME SOFTWARE shall mean Version 4.51 of DECtalk Software for the Windows 95/98/NTNVIN2K operating system, including any commemially released upgrades that FONIX may distribute to TW pursuant to this Agreement. 1.02 END USER shall mean a third party authorized by TW to use DECtalk technology solely as a component of TW APPLICATIONS and only for the END USER's own internal operation with no dght to distribute to others, 1.03 END USER AGREEMENT shall mean the Agreement between TW and the END USER, which incorporates all the requirements of Article 2. 1.04 TW APPLICATIONS shall mean only those applications specified in Runtime License Agreement #QR-CLAM3-34. 1.05 DECtalk TECHNOLOGY shall mean RUNTIME SOFTWARE. Article 2 - End User Agreements 2.01 The END USER is prohibited from using DECtalk TECHNOLOGY for any purpose other than solely as a component of TW APPLICATIONS. 2.02 The END USER is prohibited from copying TW APPLICATIONS except as may allowed by TW for archival use 2.03 2.04 2.05 2.06 2.07 Article 3.01 3.02 The END USER is prohibited from reverse engineering, reverse compilation, disassembly or decompOsition of the RUNTIME SOFTWARE contained in TW APPLICATIONS. Ownership and X, title of the RUNTIME SOFTWARE contained in TW not pass to the END USE:R, but shall at all times remain liable f¢ cidental, special or .~ use of TW At the termination or expiration of the END USER AGREEMENT, THE City will discontinue use and destroy or retum to TW all TW APPLICATIONS and all archival or other copies of TW APPLICATIONS that contain any part of DECtalk TECHNOLOGY. The END USER has no dght to transfer or distribute TW APPLICATIONS to others. 3 - Term and Termination This END USER AGREEMENT shall remain in effect until terminated by TW or the END USER by providing thirty days wdtten notice to the other party. Under the terms of Runtime License Agreement #QR-CLAM3-34, termination of that Agreement shall not affect existing installations of RUNTIME SOFTWARE in operation. IN WITNESS WHEREOF, each party hereto has as of the above date caused this END USER AGREEMENT to be signed by its duly authorized representative. TELE-WORKS, INC. CITY OF BOYNTON BEACH By By Name Name Title Title Date Date VII.-CONSENT AGEI DA ITEM B.9. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business ~ -<.-_ [] Public Hearing [] Legal r-- [] Bids [] Unfinished Business [] Announcement [] Presentation --o [] City Manager's Report RECOMMENDATION: Motion to purchase from Rayside Track & Trailer a boat trailer for a newly confiscated boat we received. EXPLANATION: On March 27, 2002 the Boynton Beach Police department seized a 32' boat, case # 02-15646 for abandonment. On July 12, 2002 title was granted under state statute 705.103. The trailer will be used for this boat. ~ PROGRAM IMPACT: FISCAL IMPACT: Funding is from Federal Justice Forfeiture account: 691-5000-590-04-22 in the amount of $4,620.00. ALTERNATIVES: Department Head's Signature ~City Manager's Signature Police Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.IX)C 0 0 n. ~ 0 rj rtl ~ 0 o o o o o o o o o 0 VII.-CONSENT AGENDA ITEM B. 10. CITY OF BOYNTON BEACL AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF ORLANDO, FLORIDA, RFP #99-0384 to MBIA MUNISERVICES COMPANY (MMC) for a THREE YEAR CONSULTANT AGREEMENT TO PROVIDE REVENUE ENHANCEMENT SERVICES FOR PROPERTY TAX DISCOVERY SERVICES (Contract Period: August 6, 2002 through August 5, 2005). EXPLANATION: MBIA MuniServices Company is a subsidiary of MBIA Inc., the world's preeminent financial guarantor and leading provider of specialized financial services. The company provides services to help municipalities preserve, enhance and manage revenue bases. Some Florida clients have included: City of Orlando, City of Deltona, Vffiage of Wellington, City of Hialeah, City of Deerfield Beach, Broward County, Hillsborough County, Orange County, and Pinellas County. This Agreement wiU be limited in scope to the Property Tax Discovery Services. It is common for cities to be deprived of property tax revenue to which they are entitled. This is largely due to administrative and procedural errors and omissions related to the assessment and assignment and /or coding of properties within City boundaries. The objective of MMC's property tax discovery services is to assist the City in realizing all of the tax revenue to which it is entitled from the taxable valuations within its jurisdiction. PROGRAM IMPACT: The Revenue Enhancement Consulting Services will assist the City in seeking new Property Tax Revenues. FISCAL IMPACT: The Property Tax Discovery Fee will be 30% of the additional tax revenue realized by the City as a result of MMC detecting and documenting the error(s)/omission(s)/causing the property tax deficiencies. The 30% applies to the additional revenue realized by the City during the first 3 years following correction. ALTERNATIVES: Continue to work with the current Property Tax Revere b~y City. ~)epl~ Director ~fFinancial Servicg~ '~/~v City Manager's Signature / Procurement Services Department Name ce: Diane Reese - Financial Services S:'d3ULLETINWORMS'xAGENDA ITEM REQUEST FORM.DOC / City Attoi~7~inance / Human Resources RESOLUTION NO. R- 02 CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF THE CITY OF ORLANDO, FLORIDA, ~-0384, AWARDED TO IA T~E PROVIDE FOR ES; PROVIDING AN EFFECTIVE DATE. WHEREAS, MBIA MuniServices Company is a subsidiary of MBIA Inc., the world's preeminent financial guarantor and leading provided of specialized financial services; and WHEREAS, this company provides services to help municipalities preserve, enhance and manage revenue bases and this agreement will be limited in scope to the Property Tax Discovery Services; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOY1NTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" of the City of Orlando, Florida, RFP #99-0384 to MBIA MuniServices Company for a three year Consultant Agreement to Provide Revenue Enhancement Services for Property Tax Discovery Services, which Agreement is attached hereto and made a part hereof. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ day of August, 2002.. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk Commissioner Commissioner Commissioner s:ResokPiggy-Back -City of Orlando - Property Tax Discovery Services AGREEMENT TO PROVIDE REVENUE ENHANCEMENT SERVICES, FOR THE CITY OF BOYNTON BEACH FLORIDA PROPERTY TAX DISCOVERY SERVICE August ,2002 By MBIA MuniServices Company MBIA MuniServices Company TABLE OF CONTENTS CONSULTANT SERVICES AGREEMENT EXHIBIT A PROPERTY TAX DISCOVERY SERVICE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at Boynton Beach, Florida, on 2002 by and between the City of Boynton Beach a municipal corporation (hereafter referred to as "City") and MBIA MuniServices Company (hereafter referred to as "Consultant" or "MMC"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit "A" (the Exhibits). Consultant shall provide said services at the time, place, and in the manner specified in the Exhibits. Consultant shall not be compensated for services outside the scope of the Exhibits. 2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in the Exhibits. The payments specified in the Exhibits shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement unless the City approves additional compensation for additional service. Consultant shall submit all billings for services rendered pursuant to this Agreement to City in the manner specified in the Exhibits. 3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. 4. Extra Services. City shall pay Consultant for those City authorized extra services, not reasonably included within the services described in Exhibit "A", such mounts as mutually agreed to in advance. Unless the City and Consultant have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. 5. Assignment. This Agreement may be assigned by Consultant provided the City has consented in writing to any assignment. 6. Term. The initial term of this Agreement shall be for 3 years from the date of execution. 7. Hold Harmless. MMC shall indemnify and hold harmless City, its officers, agents and employees, fi:om and against any and all claims, demands, actions, suits and proceedings ~by others against all liability arising out of negligent acts of MMC, its employees and agents in the performance of this Agreement. To the extent possible by law, the City shall defend, indemnify and hold harmless MMC, its officers, agents and employees, fi:om any and all claims, demands, actions, suits and proceedings by others, resulting from erroneous information provided to MMC by City and upon which MMC can reasonably be expected to rely. 8. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. 9. Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations under that provision. The remainder of the Agreement shall be enforced to the fullest extent permitted by law. 10. Waivers. All conditions, covenants, duties and obligations contained in this Agreement can be waived only by written agreement executed by all parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver nor in any way limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach. 11. Independent Contractor. At all times during the term of this Contract, MBIA MuniServices Company (Consultant) shall be an Independent Contractor and shall not be an employee of the City of Boynton Beach, Florida (City). City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 12. Subcontracts, Any subcontracts entered into by Consultant for services to be rendered towards the completion of Consultant's portion of this Agreement shall be for Consultant's benefit alone, and as such shall be its responsibility with no liability resting on the City. Consultant agrees, to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portiOn of this Agreement to the City within ten (I0) working days of executiOn of this Agreement. 13. Licenses, permits, Etc: ConsuRant represents and warrants to .City that they have all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 14. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfact°ry performance of Consultant's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. 15. Insurance. a. Public LiabiliW. During the term of this Agreement, Consultant shall maintain in full force and effect a policy of public liability insurance with minimum coverage's as follows: $1,000,000 for injury to one person in any one occurrence; $1,000,000 aggregate; and, $50,000.00 for property damage. Consultant shall cause the City, its officials and employees to be named on all liability policies described above as insured as respects: (1) activities performed for the City by or on behalf of the named insured, (2) products and completed operations of the Named Insured, and (3) premises owned, leased or used by the Named Insured. bi Worker's Compensation. During the term of this Agreement, Consultant shall fully comply with the terms of the law of Florida concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insuranbe insuring against any liability Consultant may have for worker's compensation. 16. Consultant Not Agent. Except as the City may specify in writing, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 17. Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons. 18. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his/her profession, gA1 products of whatsoever nature that Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 19. Reports, Charts or Other Products. All reports, charts and other products resulting from the performance of this agreement are the property of the City. 20. CiW Representative. The City Manager or his/her designee is the representative of the City and will administer this Agreement for the City. 21. Termination. This Agreement may terminate on thirty (30) days written notice by either party, or within such ~time as both parties may fmd necessary to conclude the work in progress and to summarize :Consultant's findings. Termination shall not affect the payment of any compensation due MMC. In the event of termination under this Section; :City shall~pay Consultant for services performed up to the effective date of termination for :which Consultant has not been previously paid. Because the services performed by Consultant prior to termination may result in City's receipt of revenue after termination and because this receipt of revenue entitles Consultant to payment from the City even after termination, City agrees to provide to COnsultant after termination of this Agreement such information as is necessary to enable Consultant to calculate the compensation due to Consultant as a result of this receipt of revenue by the City. The Consultant. shall maintain the confidentiality of this information. 22. Whole and Entire Agreement. This instrument contains the whole and entire agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the others as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. 23. Equal Employment OpportuniW. During the performance of this Agreement, Consultant, for itself, its assignees and successors in interest, agrees as follows: a. Compliance With Regulations: Consultant shall comply with the Executive Order 11246 entitled "Equal Employment Opportunity": as labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." b. Nondiscrimination: Consultant, with regard to the work performed by it after award and prior to completion of the work pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex or national origin in the selection and retention of subContractors, including procurements of materials and leases of equipment. c. Solicitation for Subcontractor, Includin~ Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurements of materials or equipment, such potential subcontractor or supplier shall be notified by Consultant of Consultant's obligation under this Agreement and the Regulations relative to .nondiscrimination on the ground of race, color, religion, sex or national origins. d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the City and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of noncompliance by Consultant with thc nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of payments to Consultant under the contract until Consultant complies; (2) Cancellation, termination, or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs "a" through "e" in every subcontract, including Regulations, order, or instructions issued pursuant thereto. Consultant shall take such action with respect to any Regulations, order or instructions issued pursuant thereto. Consultant shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Consultant becomes involved in, or is threatened: with, litigation with a subcontractor or supplier as a result of.such direction, the Consultant may request City to enter such ~tigatiOn to protect the interests' of the City. 24. Confidentiality. Consultant agrees that it shall keep all information it receives concerning City taxpayers confidential and that it shall not use this information for any purpose other than as expressly provided in this Agreement or otherwise expressly consented to by City. 25. Public Records and Retention: All records in relation to this Agreement shall be maintained for a period of three (3) years upon completion of contract. Any records pertaining to Agreement shall be subject to public records and audit upon request. 26. Notices. Any notice to be given from one party to the other pursuant to this Agreement shall be deposited with the United States Postal Service postage prepaid and addressed as follows: To City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 To Consultant: Morfica Keller Contract Manager MBIA MuniServices Company The Curtis Center Independence Square West Suite 507 Philadelphia, PA 19106 Nothing in this Paragraph shall be construed to prevent the giving of notice by personal service. 27. Exhibits. All Exhibits referred to herein are attached hereto and are by this reference incorporated herein. 28. Counterparts. This Agreement shall be signed by the parties in two (2) original counterparts, both of which shall constitute but one (1) Agreement. EXECUTED as of the day and year first above stated. CITY OF BOYNTON BEACH A Mtmicipal Corporation By: Title: Date: ATTEST: CITY CLERK ATTEST TO FORM: CITY ATTORNEY MBIA MuniServices Company/MMC By: Marc Herman Title: Chief Operating Officer Date: MBIA MuniServices Company/MMC ....... By: Kevin Cemtti Title: Chief Financial Officer Date: EXHIBIT A PROPERTY TAX DISCOVERY SERVICES MBIA MuniServices Company (MMC) proposes to provide to the City of Boynton Beach, Florida (City) property tax discovery services. The background, objectives, scope of services, timing and compensation are set forth as follows: BACKGROUND AND OBJECTIVES It is common for cities to be deprived of property tax revenue to which they are entitled. This is largely due to administrative and procedural errors and omissions related to the assessment and assignment and/or coding of properties within City boundaries. Administrative and procedural errors and omissions are virtually assured given the non- standard, complex nature of state and locally assessed property taxes with regard to applicability, millage rates, exceptions, exemptions, and procedural inconsistencies. Human fallibility, fragmented responsibilities, reduced staffing and staff turnover further compound the problem. Because there are time limitations on the City's ability to recover tax revenue that has been understated or incorrectly allocated, it is incumbent upon the City to detect these property tax deficiencies as quickly as possible, before they become unrecoverable. The objective of MMC's property tax discovery services is to assist the City in realizing all of the tax revenue to which it is entitled from the taxable valuations within its jUrisdiction. MMC's property tax discovery services result in the detection and documentation of errors and omissions causing deficiencies and thereby recover tax revenue that would not otherwise have been realized by the City. PROPERTY TAX DISCOVERY PROCEDURES The scope of services includes, but is not limited to, MMC providing the services summarized as follows: ~1 Meet with designated City staff to review discovery service objectives and scope, procedures, county/public agency relations and logistical matters; we will also establish an appropriate liaison with City management and staff and logical checkpoints for measuring progress; ~ Establish a comprehensive, valid inventory of every parcel located within City boundaries and the database elements needed to facilitate a comparative analysis with the County's local real and personal taxable values; r'l Represent the City for the purpose of examining records pertaining to locational coding of properties to identify properties that are within the City but are miscoded to another jurisdiction resulting in reduced revenue to the City. ~ Represent the City for the purpose of examining records pertaining to homestead exemptions, and utilizing MMC databases and others available to MMC to identify improperly claimed homestead exemptions that are resulting in non-payment and/or deficient payment of property tax to the City. rq Represent the City for the purpose of examining records pertaining to taxable valuations to identify and confirm errors/omissions that are resulting in non- payment and/or deficient payment of property tax to the City. ~1 For each error/omission/miscoding identified and confirmed, prepare documentation to substantiate and facilitate recovery of tax revenue due from prior periods (plus applicable interest and penalties, where appropriate) and prevent recurring deficiencies in current and future years; ~ Prepare and forward to the County Property Appraiser and County Tax Collector requests for corrective action of the noted errors; Meet with designated City staff to review and discuss our discovery service findings and recommendations; and Provide additional assistance as necessary to support City in recovering and preventing future revenue deficiencies. TIMING AND REPORTING MMC is prepared to commence the property tax service within 10 working days following authorization. Annually, MMC shall provide the City with a report summarizing discovery service progress to date. MMC will undertake the property tax discovery effort by service segment, in the following order: discovery of miscoded properties, discovery of improper homestead exemptions, and discovery of unreported personal property tax. If the results of MMC's effort indicates that MMC's performance-based fee for providing any segment of the service is not likely to exceed the cost of providing it, MMC may cease providing that segment of the service. In any case, such cessation of any segment of the service may only occur after MMC has notified the City of the reasons for cessation and shall not affect MMC's provision of any of the other service segments. MMC shall deliver the initial set of the property tax discovery service reports within 90 to 180 working days following authorization and receipt of data necessary to conduct the work. The City and MMC will mutually agree on the frequency and type of periodically updated property tax discovery service reports to be provided thereafter. DATA AND FILE RETENTION All data reports and other documentation (other than MMC's drafts, notes and internal memorandum) shall become the property of the City upon termination of this Agreement and upon payment in full of all compensation due ~C. Upon termination of this Agreement and at the request of the City, MMC shall deliver all, or the designated portions of such, to the Client within 90 days of such request. Absent such a request from the City after 90 days, MMC shall have the authority to archive and or destroy such information. MMC does not warehouse data (magnetic media on computer disk drives) and will not retain data used to perform the contracted services, except for data that is available through "Public Domain." All magnetic media will be returned to the City immediately after it has been processed by MMC. All Data that has been derived from "Public Domain" data is the property of MMC. COMPENSATION MMC's compensation for providing the property tax discovery service is 30% of the additional tax revenue realized by the City as a result of MMC detecting and documenting the error(s)/omission(s) causing the property tax deficiencies. Said 30% applies to the additional revenue realized by the City during the first 3 years following correction. MMC will also pursue recovery of revenue for eligible prior periods, if any. For retroactive adjustments MMC's 30% shall apply to the mount of the adjustment. Under this arrangement, the City agrees to notify MMC within 10 days following receipt by the City of payments resulting from MMC's discovery service. Upon the City's receipt of payment, MMC will then invoice the City for its fee. Earned compensation is due and payable upon receipt of invoice. City agrees that it will pay all MMC invoices within thirty (30) days of receiving the invoice. If City does not make payment within thirty (30) days of receiving MMC's invoice and does not dispute the billing in writing, MMC has the discretion to collect one percent (1%) interest per month for each month the invoice remains unpaid. If said property tax deficiencies are detected and documented during the term of this Agreement, but not collected by the City until after this Agreement has expired, City shall nevertheless pay Consultant its fee, including interest and penalties, upon receipt of the revenue. All expenses incurred by MMC in providing the property tax discovery service are absorbed by MMC. These expenses include items such as salaries and benefits, insurance, airfare, auto rentals, meals, lodging, keypunching, computer processing, clerical, communications (e.g. meetings, telephone, mail, etc.) photocopying, overhead and miscellaneous out-of-pockets for consumable supplies and research materials etc. VII.-CONSENT AGEN DA ITEM B.11 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17,2002 in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September t 6, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF ORLANDO, FLORIDA, RFP #99-0384 to MBIA MUNISERVICES COMPANY for CONSULTANT TO PROVIDE REVENUE ENHANCEMENT SERVICES FOR OCCUPATIONAL LICENSE TAX. EXPLANATION: MBIA MuniServices Company is a subsidiary of MBIA Inc., the world's preeminent financial guarantor and leading provider of specialized financial services. The company provides services to help municipalities preserve, enhance and manage revenue bases. Some Florida clients have included: City of Orlando, City of Deltona, Village of Wellington, City of Hialeah, City of Deerfield Beach, Broward County, Hillsborough County, Orange County, and Pinellas County. This Agreement will be limited in scope to the Occupational License Tax. It is estimated that cities experience changes in their business base at an average rate exceeding 20% per year - due to business openings, closings, expansions, consolidations, relocations, mergers, acquisitions and other events. Given these changes many companies do not register for the City's occupational license. The consultant will provide discovery procedures that will identify those companies that did not register. The contract period will become effective upon initial completion of the Property Tax Discovery Services consulting services, and an official letter from the City Manager to commence work on the Occupational License Tax Discovery Services. PROGRAM IMPACT: The Revenue Enhancement Consulting Services will assist the City in seeking new Occupational License Tax revenues. FISCAL IMPACT: The Occupational License Tax Discovery Fee will be 32.5% of the additional Occupation License Tax revenue generated to the City for the first three years after discovery. ALTERNATIVES: Continue to work with the current Occupational Licegs$~ Tax revenu~base. Deputy Director of Pinancial Services' ' , '~,yi~M~er s Signa~e eroc~ement Se~ices ( ~l,'Y~}2(~ (X~..~~~ Dep~ent Name ?W ' CiW Aao~/F~ance / Human Resources S:XBULLET~O~S~GENDA ITEM ~QUEST FO~.DOC RESOLUTION NO. R- 02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF THE CITY OF RFP#99-0384, AWARDED TO MBIA (~C) FOR A CONSULT~ PROVIDE FOR TAX; PROVIDING ~ WHEREAS, MB~ MuniServices Company is a subsidiary of MBIA Inc., the world's preeminent financial guarantor and leading provided of specialized financial services; and WHEREAS, this company provides services to help municipalities preserve, enhance and manage revenue bases and this agreement will be limited in scope to the Occupational License Tax; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEAC[I, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" of the City of Orlando, Florida, RFP #99-0384 to MBIA MuniS~'viccs Company for a Consultant Agreement to Provide Revenue Enhancement Services for Occupational License Tax, which Agreement is attached hereto and made a part hereof. Section 2. PASSED AND ADOPTED this That this Resolution shall become effective immediately. day of August, 2002.. ATTEST: City Clerk s:Reso~Piggy-Back -City of Orlando - Occupational License Tax C~ 0F BOyNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner AGREEMENT TO PROVIDE REVENUE ENHANCEMENT SERVICES, FOR THE CITY OF BOYNTON BEACH FLORIDA OCCUPATIONAL LICENSE TAX DISCOVERY SERVICES August __, 2002 By MBIA MuniServices Company MBIA MuniServices Company TABLE OF CONTENTS CONSULTANT SERVICES AGREEMENT EXHIBIT A OCCUPATIONAL LICENSE TAX DISCOVERY SERVICE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at Boynton Beach, Florida, on 2002 by and between the City of Boynton Beach a municipal corporation (hereafter referred to as "City") and MBIA MuniServices Company (hereafter referred to as "Consultant" or "MMC"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit "A" (the Exhibits). Consultant shall provide said services at the time, place, and in the manner specified in the Exhibits. Consultant shall not be compensated for services outside the scope of the Exhibits. 2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in the Exhibits. The payments specified in the Exhibits shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement unless the City approves additional compensation for additional service. Consultant shall submit all billings for services rendered pursuant to this Agreement to City in the manner specified in the Exhibits. 3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. 4. Extra Services. City shall pay Consultant for those City authorized extra services, not reasonably included within the services described in Exhibit "A", such amounts as mutually agreed to in advance. Unless the City and Consultant have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. 5. Assignment. This Agreement may be assigned by Consultant provided the City has consented in writing to any assignment. 6. Term. The initial term of this Agreement shall be for 3 years from the date of the official letter of notification from the City Manager to commence work. This will be upon satisfactory completion of the Property Tax Discover Services. 7. 'Hold Harmless. MMC shall indemnify and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, actions, suits and proceedings by others against all liability arising out of negligent acts of MMC~ its employees and agents in the performance of this Agreement. To the extent possible by laW, the City shall defend, indemnify and hold harmless MMC, its officers, agents and employees, from any and all claims, demands, actions, suits and proceedings by others, resulting from erroneous information provided to MMC by City and upon which MMC can reasonably be expected to rely. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations under that provision. The remainder of the Agreement shall be enforced to the fullest extent permitted by law. 10. Waivers. All conditions, covenants, duties and obligations contained in this Agreement can be waived only by written agreement executed by all parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver nor in any way limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach. 11. Independent Contractor. At all times during the term of this Contract, MBIA MuniServices Company (Consultant) shall be an Independent Contractor and shall not be an employee of the City of Boynton Beach, Florida (City). City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 12. Subcontracts. Any subcontracts entered into by Consultant for services to be rendered towards the completion of Consultant's portion of this Agreement shall be for Consultant's benefit alone, and as such shall be its responsibility with no liability resting on the City. Consultant agrees to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portion of this Agreement to the City within ten (10) working days of execution of this Agreement. 13. Licenses, Permits, Etc. Consultant represents and warrants to City that they have all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at 'his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenseS, permits, and approvals which are legally required for Consultant to practice his profession. 14. Time. ConsuRant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. 15. Insurance. a. Public Liabili~. During the term of this Agreement, Consultant shall maintain in full force and effect a policy of public liability insurance with minimum coverage's as follows: $1,000,000 for injury to one person in any one occurrence; $1,000,000 aggregate; and, $50,000.00 for property damage. Consultant shall cause the City, its officials and employees to be named on all liability policies described above as insured as respects: (1) activities performed for the City by or on behalf of the named insured, (2) products' and completed operations of the Named Insured, and (3) premises owned, leased or used by the Named Insured. b. Worker's Compensation. During the term of this Agreement, Consultant shall fully comply with the terms of the law of Florida concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against: any liability Consultant may have .for worker's compensation. 16. Consultant Not Agent. Except as the City may specify in writing, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 17. Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons. 18. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his/her profession. All products of whatsoever nature that Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 19. Reports, Charts or Other Products. All reports, charts and other products resulting from the performance of this agreement are the property of the City. 20. CiW Representative. The City Manager or his/her designee is the representative of the City and will administer this Agreement for the City. 21. Termination. This Agreement may terminate on thirty (30) days written notice by either party, or within such time as both parties may find necessary to conclude the work in progress and to summarize Consultant's findings: Termination shall not affect the payment of any compensation due MMC. In the event of ,termination under this Section, City shall pay Consultant for services performed up to the effective date of termination for which Consultant has not been previously paid. Because the services performed by Consultant prior to termination may result in City's receipt of revenue after termination and because this receipt of revenue entitles Consultant to payment from the City even after termination, City agrees to provide to Consultant after termination of this Agreement such information as is necessary to enable Consultant to calculate the compensation due to Consultant as a result of this receipt of revenue by the City. The Consultant shall maintain the confidentiality of this information. 22. Whole and Entire Agreement. This instrument contains the whole and entire agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the others as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. 23. Equal Employment Opportunity.. During the performance of this Agreement, Consultant, for itself, its assignees and successors in interest, agrees as follows: a. Compliance With Regulations: Consultant shall comply with the Executive Order 11246 entitled "Equal Employment Opportunity": as labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." b. Nondiscrimination: Consultant, with regard to the work performed by it after award and prior to completion of the work pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. c. Solicitation for Subcontractor, Including Procuremen,ts of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurements of materials or equipment, such potential ~subcontractor or supplier shall be notified by Consultant of Consultant's obligation under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex or national origins. d. Information and Reports: Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the City and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of noncompliance by Consultant with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of payments to Consultant under the contract until Consultant complies; (2) Cancellation, termination, or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs "a" through "e" in every subcontract, including Regulations, order, or instructions issued pursuant thereto. Consultant shall take such action with respect to any Regulations, order or instructions issued pursuant thereto. Consultant shall .take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncQmpliance. In the event the Consultant becomes involved in, or is threatened Mthi htigation with a subcontractor or supplier as a result of such direction, the Consultant may request City to enter such litigation to protect the interests of the City. 24. Confidentiali~. Consultant agrees that it shall keep all information it receives concerning City taxpayers confidential and that it shall not use this information for any purpose other than as expressly provided in this Agreement or otherwise expressly consented to by City. 25. Public Records and Retention. All records in relation to Agreement shall be maintained for a period of three (3) years upon completion of contract. Any records pertaining to Agreement shall be subject to public records and audit upon request. 26. Notices. Any notice to be given from one party to the other pursuant to this Agreement shall be deposited with the United States Postal Service postage prepaid and addressed as follows: To City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 To Consultant: Monica Keller Contract Manager MBIA MuniServices Company The Curtis Center Independence Square West Suite 507 Philadelphia, PA 19106 Nothing in this Paragraph shall be construed to prevent the giving of notice by personal service. 27. Exhibits, All Exhibits referred to herein are attached hereto and are by this reference incorporated herein. 28. Counterparts. This Agreement shall be signed by the parties in two (2) original counterparts, both of which shall constitute but one (1) Agreement. EXECUTED as of the day and year first above stated, CITY OF BOYNTON BEACH A Municipal Corporation By: Title: Date: ATTEST: CITY CLERK ATTEST TO FORM: CITY ATTORNEY MBIA MuniServices Company/MMC By: Marc Herman Title: Chief Operating Officer Date: MBIA MuniServices Company/MMC By: Kevin Cemtti Title: Chief Financial Officer Date: EXHIBIT A OCCUPATIONAL LICENSE TAX DISCOVERY SERVICES MBIA MuniServices Company (MMC) proposes to provide to the City of Boynton Beach, Florida occupational license tax discovery services. The background, objectives, scope of services, timing and compensation are set forth as follows: BACKGROUND AND OBJECTIVES It is common for cities to be deprived of occupational license tax revenue to which they are entitled. This is largely due to errors and omissions of businesses and their tax departments. It is estimated that cities experience changes in their business base at an average rate exceeding 20% per year - due to business openings, closings, expansions, consolidations, relocations, mergers, acquisitions and other events. Given these changes many companies do not register for the City's occupational license tax. Corporate tax departments typically .assign their least experienced personnel to state and local excise tax compliance. This coupled with the considerable change in business base creates a situation ripe for non-compliance of occupational license tax. Errors and omissions by finns doing business in the City are virtually assured given the non- standard, complex nature of the multitude of state and locally assessed excise taxes with regard to applicability, tax rates, exceptions, exemptions, and procedural differences from jurisdiction to jurisdiction. Human fallibility, fragmented responsibilities, reduced staffing and staff turnover further compound the problem. Because there are legal and practical time limitations on the City's ability to recover tax revenue that has been unreported, it is incumbent upon the City to detect these occupational license tax deficiencies as quickly as possible, before they become unrecoverable. The objective of MMC's occupational license tax discovery services is to assist the City in realizing all of the tax revenue to which it is entitled from the businesses within its jurisdiction. MMC's occupational license tax discovery services result in the detection and documentation of errors and omissions causing deficiencies and thereby recover tax revenue that WoUld not otherwise have been realized by the City. OLT TAX DISCOVERY PROCEDURES The scope of services includes, but is not limited to, MMC providing the services summarized as follows: Meet with designated City staffto review discovery service objectives and scope, procedures, business relations and logistical matters; we will also establish an appropriate liaison with City management and staff and logical checkpoints for measuring progress; Establish a comprehensive, valid inventory of the businesses located within City boundaries and the database elements needed to facilitate a comparative analysis with the City's records of those businesses that have filed for occupational licenses; [] For each unregistered/nonreporting business identified and confirmed, assist the business, as necessary, to complete the City's Occupational License Tax registration form and determine the amount of tax due for current and prior periods (plus applicable interest and penalties, where appropriate) and prevent recurring deficiencies in future years; [] Meet with designated City staff to review and discuss our discovery service findings and recommendations; and [] Provide additional assistance as necessary, to support City in recovering and preventing future revenue deficiencies. TIMING AND REPORTING MMC is prepared to commence the occupational license tax service within 10 working days following authorization. Annually, MMC shall provide the City with a report summarizing discovery service progress to date. MMC shall deliver the initial set. of the occupational license tax discovery service reports within60 (sixty) to (90) ninety working days following authorization and receipt of data necessary to conduct the work. The City and MMC will mutually agree on the frequency and type of. periodically updated occupational license tax discovery service reports to be provided thereafter. DATA AND FILE RETENTION All data reports and other documentation (other than MMC's drafts, notes and internal memorandum) shall become the property of the City upon termination of this Agreement and upon payment in full of all compensation due MMC. Upon termination of this Agreement and at the request of the City, MMC shall deliver all, or the designated portions of such, to the Client within 90 days of such request. Absent such a request from the City after 90 days, MMC shall have the authority to archive and or destroy such information. MMC does not warehouse data (magnetic media on computer disk drives) and will not retain data used to perform the contracted services, except for data that is available through "Public Domain." All magnetic media will be returned to the City immediately after it has been processed by MMC. All Data that has been derived from "Public Domain" data is the property of MMC. COMPENSATION MMC's compensation for providing the occupational license tax discovery service is (3205)% of the additional tax revenue realized by the City as a result of MMC detecting and documenting the error(s)/omission(s) causing the occupational license tax deficiencies. Said (32.5)% applies to the additional revenue realized by the City during the first 3 years following correction. MMC will also pursue recovery of revenue for eligible prior periods, if any. For retroactive adjustments MMC' s (32,5)% shall apply to the amount of the adjustment. Under this arrangement, the City agrees to notify MMC within 10 days following receipt by the City of payments resulting from MMC's discovery service. Upon the City's receipt of payment, MMC will then invoice the City for its fee. Earned compensation is due and payable upon receipt of invoice. If said occupational license tax deficiencies are detected and documented during the term of this Agreement, but not collected by the City until after this Agreement has expired, City shall nevertheless pay Consultant its fee, including interest and penalties, upon receipt of the revenue. All expenses incurred by MMC in providing the occupational license tax discovery service are absorbed by MMC. These expenses include items such as salaries and benefits, insurance, airfare, auto rentals, meals, lodging, keypunching, computer processing, clerical, communications (e.g. meetings, telephone, mail, etc.)photocopying, overhead and miscellaneous out-of-pockets for consumable supplies and research materials etc. VII.-CONSENT AGEN DA ITEM B.12 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Me,ting Dates [] August 6, 2002 [] August 20.2002 [] September 3, 2002 [] September 17. 2002 Date Final Form Must be Turned in to Citw Clerk's Office July 17. 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3.2002 ~8:00 a.m.) Requested City Commission Meeting Dates [] October 1. 2002 [] October 15.2002 [] November 6. 2002 [] November 19. 2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) September 30. 2002 (Noon) October 14, 2002 (Noon) November 5.2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] C. ity Manager's Report Motion to approve the emergency purchase of a 12" diesel powered by-pass pump from Godwi~?Pu~ of America in the amount of $81,535.20 and motion to authorize the emergency repair of a 120~Hp ~ pump in the amount of $11,000.00 by A. Guthrie & Associates. '~' '~-~ EXPLANATION: Lift Station 356 isthe master station that services the eastern downtown area. It is located adjacent to the downtown stormwater retention pond and handles most of the sewage for downtown Boynton Beach. This station has two (2) 120 Hp EMU pumps and one (1) 30 Hp Flygt pump. One of the two (2) 120 Hp pumps has begun to overheat and malfunction. This pump needs to be removed and repaired. The pump will be repaired by A. Guthrie and Associates of Pompano Beach, FL, the manufacturer's authorized sales and service center for EMU pumps. The amount of this repair will not exceed $11,000 Without prior approval. It will be necessary to install a 12" diesel powered by-pass pump to insure sufficient capacity to meet flow demands of the wastewater system. This pump is available from Godwin Pump of America and can be delivered and placed into operation immediately. Godwin Pump is willing to apply all rental costs to the purchase of the pump, as long as that purchase occurs within 28 days of delivery. The Utilities Department budgeted $90,000 in the 2002/2003 budget for purchase of a 12" by-pass pump. The current emergency situation just advances the 2002/2003 budget by about 60 days. The Utilities Department will transfer money from a Contingency account to purchase the pump this year and replace the funds in the next budget. S:XBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH The Utilities Department has planned replacement of two to three master lift station pumps per year in the Renewal and Replacement Fund. The rePlacement pump for LS 35'6 and the installation will be developed in the near future and brought back to Commission for approval. PROGRAM IMPACT: Emergency repair of a master lift station pump to ensure continuous operation of the wastewater system. FISCAL IMPACT: Funds are available in 401-2816-536-46-51 for the repair. Funds are available via a budget transfer in General Equipment account ~401-2816-536-64-02. ALTERNATIVES: The by-pass pump can be rented for $9,252.00 per month for an estimated two months totaling $18,504.00 and a 12" diesel powered by-pass pump can be purchased through the normal procurement process at a later date. This alternative will not; however, allow credit of a rental toward the purchase of the by-pass pump. Department Head's ~ignature City Manager's Signature Department Name City Attorney / Finance / Human Resources CC'- Bill Atkms Mark Law Tony Lombardi Barb Conboy S:\BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC m .-I ---I Z m m m REQUEST FOR REQUISITION H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Procurement Ass't: DireCtor: City Manager' (non budgeted capital and/or $5000 ): REASON FOR PURCHASE: Purchase of 12" Diesel Driven pum set i DIVISION: OTHER INFORMATION: VENDOR INFORMATION: ; Name: God~PumpsofAmerica!nc. , Admin. ( ) Date: %31-02 ASAP (x) Address: one Floodgate Road: Construction ( ) Date Needed: ASAP Confirm. ( ) Bridgeport NJ 08014 : Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): M. McWhirt Lab ( ) Quotes/Verbal ( ) E. Admin. 40 (x) (over $500) 770-335-1982 . Pumping ( x) Quotes/Written ( ) E. WTP 41 ( ) Vendor Number: (over $2000) PWMaint. ( ) i BidDocs. ( ) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) Sewage ( ) Insurance ( ) Special Instructions: INITIATOR: . Requirements: APPROVED: ' Strmwtr. ( ) Project Number: Quan. UnitlPriCe Description & Part Number I Fund Dept Basic Elem Obj Amount 1 69,448.00 Godwind Dri-Prime Model CD300M 401 2816 536 64 02 69,448. self-priming Diesel pumpsetw/ . 4,540. 4 1,135 12"x10' heavy ~duty suction hose w/flange 1 2;993 12"x20' cargo discharge hose w/flange 2,993. 1 2,097 12"x 10' cargo discharge hose w/flange 2,097. 2 414. 12" cast iron 45 degree bend w/flange 828. 2 434. 12" cast iron 90 degree bend w/flange 868. 1 502. 12" flangexl0" flange cast iron reducer 502. '~. U:\conboyuserdata\wordata\wordfile~requisition blank.doc 144 ' 1.4 3A" nuts bolts for flange connections 201.6 12 4.8 12" flange gasket 57.6 TOTAL $81,535.2 U:\conboyuserdata\wordata\wordfilekrequisition blank.doc g dwin pumps of America, Inc. 4270 McEver Industrial Drive Acworth, GA 30101 Telephone: (770) 529-7559 Facsimile: (770) 529-7517 www.godwinpumps.com July 19, 2002 City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Attention: Mr. Tony Lombardi Phone: (561)742-6421 Fax: (561)742-6298 RE: Godwin Dri-Prime® CD300M 12" Diesel Driven Pumpset Rental & Sale Quotation #MM1827 Dear Mr. Lombardi: Thank you for your continued interest in Godwin Pumps of America, Inc. and your staff. We have enjoyed working with you Per your request please find the attached quotes for rental and purchase of a Godwin Dri-Prime® CD300M portable pumpset along with the accessories you need to bypass your master pump stations. If Boynton Beach elects to rent this unit in an emergency situation and then decides to purchase the equipment, Godwin will apply 100 % of any rental incurred towards the purchase of the pump if a purchase order is issued within 28 days of delivery. Since the City of Boynton Beach has rented this unit in the past and owns a smaller mid-line urfit I am sure you are aware of Godwin's superior products and service. The CD300M incorporates the same operating standards as does the unit you now own, however, the CD300M has almost triple the flow capacity and a higher total dynamic head ranges to match your master station. If you need any more information or have any questions please feel free to call me at (770) 335-1982 (cell) or (770) 529-7559 (office). Sincerely, _ /: Micheal McWhirt ~ GODWIN PUMPS OF AM'E~IN~C. GORPORAT£ OFFICE: One Floodgate Road, Bridgeport, NO 08014 (856) 467-3636 £'VJ-LVM LU Norwich, CT 860-889-2343 Pittsburgh, PA 412-299-7870 Raleigh, NC Boston, MA 617-367-3354 Chicago, IL 708-889-1560 N. Charleston, SC Hampstead, NH 603-887-5550 Washington, DC 301-390-3806 Atlanta, GA Buffalo, NY 716-344-3156 Charleston, WV 304-984-0200 Houston, TX Syracuse, NY 315-536-2317 Virginia Beach, VA 757-490-1300 San Antonio, TX New York Metro 201~858-8850 Richmond, VA 804-798-6600 Helena, MT Wilmington, DE 302-656-9144 Charlotte, NC 704-571-8755 Los Angeles, CA 919-661-60( 843-818-226b 770-529-7559 281-479-4900 210-342-1422 406-442-6296 714-521-2256 July 19, 2002 City of Boynton Beach Attention: Mr. Tony Lombardi Page 2 of 3 ** RENTAL QUOTATION ** MONTHLY MONTHLY ITEM QTY DESCRIPTION UNIT TOTAL A I Godwin Dri-Prime® Model CD300M Automatic Self-Priming (to 28 feet) Diesel Pumpset. · 12" Suction and Discharge Connections. · Solids handling to 3 inches in diameter. · Dry Running oil immersed seal. · Driven by Cat 3306TA, 215 HP ~ 2200 RPM, water cooled diesel engine. · Trailer mounted with integral 175 gallon fuel tank with central lifting bracket. STANDBY 24 HO UR R UN B 4 12" x t0' Heavy Duty Suction Hose with Flange C 1 12" x 20' Cargo Discharge Hose with Flange D 1 12" x 10' Cargo Discharge Hose with Flange E 2 12" Cast Iron 45 Degree Bend with Flange F 2 12" Cast Iron 90 Degree Bend with Flange G 1 12" Flange x I 0" Flange Cast Iron Reducer H 144 3//4" nuts and bolts for flange connections I 12 12" Flange Gasket Note: All new equipment ESTIMATED MONTHL Y STANDBY RATE ESTIMATED MONTHLY 24 HOUR RUN RATE Transportation Charges: FOB NJ Factory $315.00 $594.00 $333.00 $90.00 $90.00 $90.00 No Charge No Charge $4,410.00 $6,615.00 $1,260.00 $594.00 $333.00 $180.00 $180.00 $90.00 No Charge No Charge $7,047.00 $9,252.00 July 19, 2002 City of Boynton Beach Attention: Mr. Tony Lombardi Page 3 of 3 SALE SALE ITEM QTY DESCRIPTION UNIT TOTAL A 1 Godwin Dri-Prime® Model CD300M Automatic $69,448.00 Self-Priming (to 28 feet)Diesel Pumpset. · 12" Suction and Discharge Connections. · Solids handling to 3 inches in diameter. · Dry Running oil immersed seal. · Driven by Cat 3306TA, 215 HP ~ 2200 RPM, water cooled diesel engine. · Trailer mounted .with integral 175 g~lon fuel tank with central lifting bracket. B 4 12" x 10' Heavy:Duty Suction Hose with Flange $1,135.00 $4,540.00 C 1 12" x 20' Cargo Discharge Hose with Flange $2,993.00 $2,9937~'~ D 1 12" x 10' Cargo Discharge Hose with Flange $2,097.00 $2,097.00 E 2 12" Cast Iron 45 Degree Bend with Flange $414.00 $828.00 F 2 12" Cast Iron 90 Degree Bend with Flange $434.00 $868.00 G 1 12" Flange x 10" Flange Cast Iron Reducer $502.00 $502.00 H 144 3/4" nuts and bolts for flange connections $1.40 $201.60 I 12 12" Flange Gasket $4.80 $57.60 Note: All new equipment ESTIMATED SALE TOTAL $81,5385.20 Transportation Charges: FOB NJ Factory g dwin pumps of America, Inc. 4270 McEver Industrial Drive Acworth, GA 30101 Telephone: (770) 529-7559 Facsimile: (770) 529-7517 www.godwinpumps .com RECEIVED JUL 3 0 2002 BOYNTON BEACH=UTiLITIES July 23, 2002 City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Attention: Mr. Mark Law Phone: (561)742-6403 Fax: (561)742-6298 RE: Godwin Dri-Prime® CD300M 12" Diesel Driven Pumpset Rental & Sale Quotation #MM1827 Revised Dear Mr. Law: Thank you for your continued interest in Godwin Pumps of America, Inc. We have enjoyed working with you and your staff. Per your request please find the attached quotes for rental and purchase of a Godwin Dri-Prime® CD300M portable pumpset along with the accessories you need to bypass your master pump stations. If Boynton Beach elects to rent this unit in an emergency situation and then decides to purchase the equipment, Godwin will apply 80 % of any rental incurred towards the purchase of the pump if a purchase order is issued within six (6) months of delivery. Since the City of Boynton Beach has rented this unit in the past and owns a smaller mid-line unit I am sure you are aware of Godwin's superior products and service. The CD300M incorporates the same operating standards as does the trait you now own, however, the CD300M has almost triple the flow capacity and a higher total dynamic head ranges to match your master station. If you need any more information or have any questions please feel free to call me at (770) 335- 1982 (cell) or (770) 529-7559 (office). GODWIN PUMPS OF AMERICA, INC. CORPORATE OFFICE: One Floodgate Road, Bridgeport, NJ 08014 (856) 467-3636 Norwich, CT Boston, MA Hampstead, NH Buffalo, NY Syracuse, NY New York Metro Wilmington, DE 860-889-2343 617-367-3354 603-887-5550 716-344-3156 315-536-2317 201-858-8850 302 -656-9144 Pittsburgh, PA Chicago, IL Washington, DC Charleston, WV Virginia Beach, VA Richmond, VA Charlotte, NC 412-299-7870 Raleigh, NC 919-661-6061 708-889-1560 N. Charleston, SC 843-818-2266 301-390-3806 Atlanta, GA 770-529-7559 304-984-0200 Houston, TX 281-479-4900 757-490-1300 San Antonio, TX 210-342-1422 804-798-6600 Helena, MT 406-442-6296 704-571-8755 Los Angeles, CA 714-521-2256 July 23, 2002 City of Boynton Beach Attention: Mr. Mark Law Page 2 of 3 ** RENTAL QUOTATION ** ITEM QTY DESCRIPTION A 1 MONTHLY MONTHLY UNIT: TOTAL Godwin Dri-Prime® Model CD300M Automatic Self-Priming (to 28 feet) Diesel Pumpset. · 12" Suction and Discharge Connections. · Solids handling to 3 inches in diameter. · Dry Running oil immersed seal. · Driven by Cat 3306TA, 215 HP ~ 2200 RPM, water cooled diesel engine. · Trailer mounted with integral 175 gallon fuel tank with central lifting bracket. STANDBY $4,410.00 24 HOUR RUN $6,615.00 B 4 12" x 10' Heavy Duty Suction Hose with Flange $315.00 C 1 12" x 20' Cargo Discharge Hose with Flange $594.00 $594.00 D 1 12" x 10' Cargo :Discharge Hose with Flange $333.00 $333.00 E 2 12" Cast Iron 45 Degree Bend with Flange $90.00 $180.00 F 2 12" Cast Iron 90 Degree Bend with Flange $90.00 $180.00 G I 12" Flange x 10" Flange Cast Iron Reducer $90.00 $90.00 H 144 ~/4" nuts and bolts for flange connections No Charge No Charge I 12 12" Flange Gasket No Charge No Charge Note: All new equipment ESTIMA TED MONTHLY STANDBY RATE ESTIMATED MONTHLY 24 HOUR RUN RATE Transportation Charges: FOB NJ Factory $7,047.00 $9,252. O0 July 23, 2002 City of Boynton Beach Attention: Mr. Mark Law Page 3 of 3 ** SALE QUOTATION ** ITEM QTY A 1 B 4 C 1 D 1 E 2 F 2 G 1 H 144 I 12 DESCRIPTION Godwin Dri-Prime~ Model: CD300M Self-Priming (to 28 feet) Diesel Pumpset. · · · · SALE UNIT SALE TOTAL Automatic $69,448.00 12" Suction and Discharge Connections. Solids handling to 3 inches in diameter. Dry Running oil immersed seal. Driven by Cat 3306TA, 215 HP ~ 2200 RPM, water cooled diesel engine. Trailer mounted with integral !75 gallon fuel tank with central lifting bracket. 12" x 10' Heavy Duty Suction Hose with Flange 12" x 20' Cargo Discharge Hose with Flange 12" x 10' Cargo Discharge Hose with Flange 12" Cast Iron 45 Degree Bend with Flange 12" Cast Iron 90 Degree Bend with Flange 12" Flange x 10" Flange Cast Iron Reducer ~/n" nuts and bolts for flange connections 12" Flange Gasket Note: All new equipment ESTIMATED SALE TOTAL $1,135.00 $2,993.00 $2,097.00 $414.00 $434.00 $502.00 $1.40 $4.80 $4,540,00 $2,993.00 $2,097.00 $828.00 $868.00 $502.00 $201.60 $57.60 $81,5385.20 Transportation Charges: FOB NJ Factory REQUEST FOR REQUISITION H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Procurement Ass't: Director: City Manager (non budgeted capital andTor 155000+): iREASON FOR PURCHASE: repair EMU Pump LS 356 commission approved VENDOR INFORMATION: DIvISION: Orl'HER INFORMATION: Name: A. Guthrie & Associates Admin. ( ) Date: 7-31-02 I ASAP (x) Address: 2195 N. Andrews Avenue Constmcti0n ( ) Date Needed: ASAP Confirm. ( ) Pompano Beach, FL 33069 Cust. Rel. ( ) I ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): A. Guthrie I Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( x ) (over $500) 954-979-1222 Pumping (x) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. ( ) ]W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Sewage ( )' Insurance ( ) Special Instructions: Rec~uirements: APPROVED: Strmwtr. ( )I Project Number: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 11,000 Repair EMU Pump from LS 356 401. 2816 536 46 51 11,000.00 Not to exceed w/o prior approval U:\conboyuserdata\wordata\wordfileh'equisition blank, doc FROM :A. GUTHRIE & ASSOCIRTES, INC NO. :954 999 5222 Jul. 30 2002 10:25AM Pi Fax Transmittal To: Tony Lombardi CO: Boynton B~ac~- Utilities F=~_: 561-742-6298 Pages: 2 Phone: 561-742-6421 Da~: July30,2002 Re: EMU Pump Repair !..S,$l~6 From: AmyGuthde [] U~le~ [] For Review [] Please Comment [] Please Reply [] P~ease Recycle · Comments Tony, This fax is to confirm the cost for pump repairs for the EMU FA2.5,9:~-400 will not exceed $11,000.00. Please call if you have any questions. Most ,~incerely, Amy J. Guthfie Jul-30-02 '16:36 T-$42 P.01/02 ;-242 P wc~h, GA 30101 J770) 52%7559 Fa× [770) 52.9- 7,517 ~,go~vinpumps.c, om From: Nora Linley To: Mark Law ..... - - ' D;:lte: 07.30.02 Company: City of Boynton Beach .. _. Phone: 561.742.63'~? Fa.'~ . 56t.742.6298 Re: Signature needeo on Rental Contract CC;: ,ary Page ;of 2 [] Far Revie~,t I"l Please Gorrurd~nt [] Flaas~ Reply [] Please R~y~te · Comments: Please Sign and return I: y fax (770) 529.7517 as soon as possible. Thank you for you cooperation Nora GODWIN PUMPS OF/~ERICA, INC One Fk~lgate Rd., Bridgeport, NJ 08014 '-COrporal, Office: 860.889~ ~43 15,aloigh, NC 919-6614001 N. Charleston, SC 843-818-2266 Norw~h, CT Houston, TX 281-479-4900 Wilmington, DE ' ~02-656-a144 Hampstead, NH 603-887-5550 Atlanta, GA 770-529- ~550 New York Metro 201q~-8850 Richmond, VA 804-798-6600 Cl~icago, iL 708-889-1560 Buff-al~, NY 716-344..31~ Virginia Beach, VA 757-49~-1308 315536-2317 Washington, DC 301-390-,3§06 Boston, 1~_ 617-367- ~ .~ymcuse, NY Helena, MT 406-442-~ Pittsburgh, PA 412-299-7870 Charleston, WV 3G4-984-02-0~3 Charlotte. NC 704-571-6'755 San Antonio, TX 21G-342-1422 LoS Angeles, CA 714~21-22~6 Jul-90-OZ 16:37 From-GOOWIN PUMPS GA 17705297517 gedwin pumps 427'0 Me~qer Indu~tdal Ddv~ ' Acwo~h, GA 30101  ~529-7559 ~: 770-529-75~ 7 o BOYNTON g~AC4, CITY OF H ~ T T BOVN~ON BEACH, FL. 3~3~ 0 0 T-54Z P.O2/OZ F-242 BOYNTON BEACH, CITY OF 124 E. WOOLBRIGHT ROAD BOYI',~TON BEACH~ FL. ~3,4S5 !617 ~,?,¢:~'~ ' ' "/r ,?-t~ ~ '~) ' ~· .'.~.,-'z~".." ,l~'1~'~, ,', . ' ' ~""~ .... '", *' I'-" '* ~"] ' I I _ 1 18" DR]-PRIME pUmP RGT )99.00.000. F )99.00.000. M !99.00. O00. NB 1 1'~" X 10' HD SUCTION HOSE W/FLANGE iR" X 10' CAR~O DISC1-ARGE HOSE W/FLANGE l~" X 20' CARGO DISCHARGE HOSE W/FLANGE 1~" FLANGED SCREEN 18" 45 DEGREE CA~T II:ION. BEND W/FLANGE iR" 90 DEGREE CAST I¢!ON BEND W/FLANGE iR" FLANGE X I0" FLANGE CAST IRON REDUCER I~" FLANGE GASKET 10" FLANGE GASKET ~" NUTS AND BOLTS FOCi FLANGE CONNECTION WITNESSETH'- The lessee I~ereby o1':ers from GODWIN PUMPS OF AMERICA, INC, of Bridgeport, NJ certain machi~lerY and other personal roperty r~erein~ c, alled ,Equipment" which i~ descdb~l alcove: Trml~On zolffom ~ laci[W or equivale~ ~m -~'~¢a. op~, koadifCj ~ uniq:~cliL'?,~ at .q~ is m$1c~CmiDilit~ ~ Las ;ee. Time of Delivery: AM_. _ PM~ Deli~md BF, _ ACCEPTED FOR; GODWIN PUMPS CF AMERICA. INC- (LESSOR) AC, C,F_.PTED FOR; Cu;~TOMER (LESSEE) CUSTOMER S[GNAT[.IRE; BM~to~eport, NJ 08014 PhOebe: 8~7'''36',-~ ray: 856-4~7-4841 TERMS & CoNDmON$ CONTINUED ON RE VERSE SlOE NO. 11 ' 1620 VII.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Req aested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dares [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3. 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Fire Rescue Mutual Aid Agreements between City Of Boynton Beach and Be~ca - Raton, Delray Beach, and Palm Beach County Fire Rescue Departments. EXPLANATION: These mutual aid agreements are necessary to ensure Fire Rescue and Emergency Medical response regardless of the availability of city responders. We have enjoyed a good reciprocal mutual aid arrangement with Boca Raton, Delray Beach, and Palm Beach County for several years. Each of these agreements is for a seven (7) year term. PROGRAM IMPACT: Fire Rescue has to occasionally rely on outside agencies for assistance during call volume overload and major incidents, as well as during routine operations (i.e. accidents on 1-95). FISCAL IMPACT: None, these are reciprocal agreements. ALTERNATIVES: Fire Rescue agencies cannot depend on immediate assistance from other agencies without a mutual aid agreement.? ~/~~ Department'ir[ea~!~g Signature ' ~'~t~ Manager s Signature Department Name ity Attom~t~ vmance / Human Resources S:LBULLETINkFORMSLatGENDA ITEM REQUEST FORM'.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FLORIDA, MAYOR AND CITY F~ RESCUE 2ITY OF 7ON, CITY PALM BEACH ; AND WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and Medical responses from outside agencies for assistance during call volume or incidents, as well as routine operations; and WI-IEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with Ioca Raton, Delray Beach and Palm Beach County for several years. NOW, TItEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes and directs the Mayor and City Clerk to execute three (3) Mutual Aide which are attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner Clerk ~a/reso~e~m'~ms/Mutual Aid Boca. Detray & PBC EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID B PALM BE3 }N BEACH THIS AGREEMENT is made and entered into this __ day of ,2002, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fke rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; and b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. Alt requests shall be directed through the respective parties' emergency communicatiOns center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is 561-616-7008. The City representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, whose telephone number is 561-742-6332. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. 2 Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans -and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved~ The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. No employee, officer, or agent of either Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the gole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fn:e stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said planS are subject to subsequent funding allocations and approvals. SeCtion 13~ Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, °r obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 16. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefitting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual :Appropriations: Each parties' performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereUnder or now or hereafter existing at law or in equity or by statute or otherwise. No single 5 or partial exercise by any party of any right, power~ or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. The County and City shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 and if sent to the City shall be mailed to: City of Boynton Beach Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Each party may change its address upon notice to the other. Section 23, Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning.. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County's negligence in connection with this Agreement, and the city shall indemnify, defend and hold harmless the County against any actions, claims, or damages arising out of the City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph; sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney ATTEST: By:. Fire-Rescue CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COUNCIL By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this day of ,2002, by and between the CITY OF BOCA RATON, a Florida municipal corporation, by and through its City Council and the CITY OF BOYNTON BEACH, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Intedocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide sermces and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mUtual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and locatiOn of the emergency; and b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The City of Boca Raton's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, whose telephone number is 561-367-6708. The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, whose telephone number is 561-742-6332. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. Section 5. Employee FunctiOns: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. sovereign immunity. Section 8. Further, nothing herein shall be construed as a waiver of Liability. for Injury: All the privileges and immunities from liability, workers* exemptions from law, ordinance and rules, and all pensions and relief, disability, compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expi. ring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating.projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 16. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefiting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each parties' performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any fight, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Boca Raton shall be mailed to: Boca Raton Fire-Rescue Services Department Fire Chief 2333 West Glades Road Boca Raton, FL 33431 and if sent to the City-of Boynton Beach shall be mailed to: City of Boynton Beach Fire Chief 100 East Boynton Beach Boulevard Boynton. Beach, Florida 33435 Each party may change its address upon notice to the other. Section 23. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the City of Boca Raton shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of the City of Boca Raton's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify, defend and hold harmless the City of Boca Raton against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers' on the day and year first~tten above. ATTEST: THE CITY OF BOCA RATON, By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY gv~ Assistant City Attorney ATTEST: CITY OF BOYNTON BEACH, By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this day of ., 2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. WHEREAS, each of the parties Department with fire rescue equipment, to this Agreement presently maintains a Fire-Rescue fh'e fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in.times of emergency where the need created may be too gr~at .for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non-emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid/logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and lOcation of the emergency; and b. The type and quantity or.equipment and/or Personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The City of Delray Beach's representative and contract monitor during the performance of this Agreement shall be the Assistant Chief of Operations, whose telephone number is 561-243-7400. The City of Boynton Beach's representative and contract monitor during the perfOrmance of this Agreement shall be the Deputy Chief of Administration, whose telephone number is 561-742-6332. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance o f services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. 2 Section4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have thc required equipment available or if, in :its sole judgment, compliance with thc request would jeopardize thc protection of its own jurisdiction. Section 5. Employee Functions: No employee of either party to this Agrecmcm shall perform any function or service which is not within thc employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section7. No AssumptionofLiability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section8. Liability f or Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: The cost of gasoline and other normal supphes used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that 3 certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 4 Section 16. Equal Opportunity: Each PM represents that it will not practice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 18. the State of Florida. Beach County. Remedies: This agreement shall be construed by and governed by the laws of Any and all legal action necessary to enforce the Agreement will be held in Palm Section 19. Records: Each p~ shall maintain all records pe~ai~ng to &e se~ices delivered ~der this A~eement for a period of at least t~ee (3) ye~s. ~am~m ~ Section 20~ Joint Preparation: The prep~ation oft~s A~eement h~ been a joint effo~ of the p~ies, ~d the resulting docment shall not, solely or as a matter of judicial constant, be construed more severely against one of the panics ~ ~e o~er. Section 21. Notice of Suits: Each p~ a~ees to notify the other of ~y claim, or the initiation of ~y legal proceeding ag~nst it w~ch relates, in ~y m~er, to the ~d or ~sist~ce prodded by ~e other p~y. Each p~y Mll cooperate with ~e other in the defense of ~y suit or action ~s~g out of, or related to, ~e ~d or ~sist~ce rendered ~der this a~eement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail,.retum receipt requested, and if sent to the City of Delray Beach shall be mailed to: Delray Beach Fire Rescue Fire Chief 501 West Atlantic Avenue Delray Beach, FL 33444 and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescue Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to the other. Section 23. Captions: The captions and section designations herein set forth are for convenience only and shall have no Substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk o f the Circuit ~- Court in and for Palm Beach County. h F~St i! ':~ns party $~etiOn 26, En i~ ~::o~ reasonable .... 6 the:~ ~i !i ~ ~t0,~:s~'agreemeat~ IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: Barbara Garito, City Clerk CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSION By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COUNCIL By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 8 VTI'.-CONSENT AGENDA I'TEM C.2. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FOtc w Requested City Commission Meeting Dates ] August 6. 2002 [] August 20.2002 [] September 3. 2002 [] September 17. 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office July t7. 2002 (5:00 p.m.) August 5.2002 (Noon) August 19. 2002 (Noon) September 3.2002 /8:00 a.m.) Requested City Commission Meeting Dates [] October 1. 2002 [] October 15.2002 [] November 6. 2002 [] November 19. 2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 [Noon) September 30. 2002/Noon) October 14. 2002 (Noon) November 5. 2002 tNoon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, and refund of cash bond in the amount of $1,287.25, for the project known as Gimelstob Office Building. EXPLANATION: The amount being released represents the warranty surety for satisfactory performance of the water and sanitary sewer systems serving this project during its first year of operation. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for a one-year warranW ~nod. e City Manager's Signature p g ature UTILITIES Department Name City P~ttornet~/lC~r[ance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. File " S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND, IN THE AMOUNT OF $1,287.25, FOR THE PROJECT ~OWN AS GIMELSTOB AND PROVIDING FOR AN WHEREAS, the developer for the project known as Gimelstob Office Building, previously posted a cash bond in the mount of $1,287.00 for the warranty surety for satisfactory performance of the water and sanitary sewer systems; and WitEREAS, the Utility Department has completed it's final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $1,287.25 to 3925 Corporation. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner City Clerk s:ca~t, eso~Letter of Credit/Cash Bond - Gimelstob Office Bldg. Commissioner DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1,287.25 To: 3925 Corporation 7777 W. Glades Road Suite 100 Boca Raton, FL 33434 For: Full release of surety and refund of cash bond for the project known as Gimelstob Office Building. Requested by Approvals: Peter Mazzella Assistant to the Director Date July 9, 2002 Finance DepL City Manager 401 i0000 220 99 00 1,287.25 $1,287.25 VII.-CONSENT AGENDA CITY OF BOSTON BEAC ITEM C.3. AGENDA ITEM REQUEST FO ,l Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 6. 2002 July 17.2002 {5:00 p.m.) [] October I. 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15. 2002 [] September 3. 2002 August 19, 2002 (Noon) [] November 6. 2002 [] September 17.2002 September3.2002 (8:00 a.m.) [] November 19. 2002 Date Final Form Must be Turned in to Citw Clerk's Office September 16. 2002 (Noon) September 30. 2002 (Noon) October 14. 2002 {Noon) November 5.2002 (Noonl NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, and refund of cash bond in the amount of $1,800, for the project known as Hampton Inn Addition. EXPLANATION: The amount being released represents the warranty surety for satisfactory performance of the water and sanitary sewer systems serving this project during its first year of operation. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for a one-year warranty pe/iod. Departm~ht Hea~ S Signature ' City"Manager's Signature UTILITIES Department Name ty Attomq~ / Finance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Ma~y Munro, Finance Dept. " File " S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND, IN THE AMOUNT OF $1,800.00, FOR THE PROJECT KNOWN AS HAMPTON INN ADDITION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Hampton Inn Addition, Ireviously posted a cash bond in the amount of $1,800.00 for the warranty surety for ~atisfactory performance of the water and sanitary sewer systems; and WHEREAS, the Utility Department has completed it's final inspection, and verified ~at all portions of the water and sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $1,800.00 to North Boynton Beach Hospitality, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner kTTEST: City Clerk s:cakResokLetter of Credit/Release Cash Bond - Hampton Inn Commissioner DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1,800.00 To: North Boynton Beach Hospitality, Inc. 123 N. Congress Avenue Suite 358 Boynton Beach, FL 33426 For: Full release of surety and refund of cash bond for the project known as Hampton Inn Addition. Requested by Approvals: Peter Mazzella, Assistant to the Director DateJuly 9,2002 Dept. Head Finance Dept. Ci~ Manager 401 0000 220 99 00 1,800.00 $1,800.0O VII.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6. 2002 [] August 20.2002 [] September 3.2002 [] September 17. 2002 Date Final Form Must be Turned in to Citw Clerk's Office July 17, 2002 (5:00 p.mA August 5.2002 I Noon/ August 19.2002 (Noon) September 3. 2002 (8:00 a.m.~ Requested City Commission Meeting Dates [] October 1.2002 [] October 15. 2002 [] November 6. 2002 [] November 19. 2002 Date Final Form Must be Turned in to Citw Clerk's Office September 16. 2002 (Noon~ September 30. 2002 (Noon) October 14'. 2002 (Noon) November 5.2002 (Noon ~ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, and refund of cash bond in the amount of $4,250.00, for the project known as Sterling Records Management. EXPLANATION: The amount being released represents the warranty surety for satisfactory performance of the water and sanitary sewer systems serving this project during its first year of operation. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for a one-year warranty periRd. Department FIead s Signature City Manager s Signature UTILITIES _ ' City Att~'~'~ Finance / Human Resources Department Name XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. " File S:\BULLETIN\FORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF SURETY AND REFUND OF CASH BOND, IN THE AMOUNT OF $4,250.00, FOR THE PROJECT KNOWN AS STERLING RECORDS ~AGEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Sterling Records Management, previously posted a cash bond in the amount of $4,250.00 for the water and sanitary sewer systems; and WItEREAS, the Utility Department has completed it's final inspection, and verified that all portions of the water and sanitary sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the ommendation of staff, hereby approves the release of the cash bond in the amount, of $4,250.00 to Sterling Real Estate, LLC. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk :cakResokLetter of Credit/Release Cash Bond - Sterling Records Management DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 4,250.00 To: Sterlin9 Real Estate, LLC 128 Litchfield Drive New Milford, CT 06776 For: Full release of surety and refund of cash bond for the project known as Sterling Records Manacjement. Requested by Approvals: Peter Mazzella, Assistant to the Director Date July 9, 2002 Dept. Head Finance Dept. City Manager 401 0000 220 99 00 4,250.00 $4,250.00 Requested City Commission Meeting Dates [] August 6. 2002 [] August 20.2002 [] September 3, 2002 [] September 17. 2002 VII.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17. 2002 (5:00 p.m.) August 5. 2002 (Noon) August 19. 2002 (Noon) September 3. 2002 (8:00 a.m.) Requested City Commission Meetin~ Dates [] October 1.2002 [] October 15. 2002 [] November 6. 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16.2002 (Noon) September 30. 2002 (Noon) October 14. 2002 INoon) November 5.2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] DevelOpment Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, and refund of cash bond in the amount of $825.00, for the project known as Steak 'n Shake. EXPLANATION: The amount being released represents the warranty surety for satisfactory performance of the water and sanitary sewer systems serving this project during its first year of operation. This Department has completed its final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for a one-year warranty period. De~rtment I~ad's Signature City Manager's Signature UTILITIES Department Name City Attom~///l~irlance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. " File S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF SURETY 33qD REFUND OF CASH BOND, IN THE AMOUNT OF $825.00, FOR THE PROJECT KNOWN AS STEAK'N SHAKE, AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Steak'n Shake, previously posted a cash bond in the amount of $825.00 for the water and sanitary sewer systems; and WHEREAS, the Utility Department has completed it's final inspection, and verified that all portions of the water and sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $825 teak'n Shake. Section 2. That this Resolution shall become effective immediately upon pass~ge. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Clerk ;:cakReso~Letter of Credit/Release Cash Bond - SteakNShake Commissioner DIRECT PAYMENT REQUISITION Please ~ssue a check in the amount of $ 825.00 To: Steak n Shake 500 Century Building 36 S. Pennsylvania St. Indianapolis, IN 46204 For: Full Release of surety and refund of cash bond for the project known as Steak n Shaken Requested by Approvals: Peter Mazzella, Assistant to the Director DateJuly 9,2002 Dept, Head Finance Dept. City Manager 401 0000 220 99 00 825.00 $825.00 Requested City Commission --Meeting Dates [] August 6, 2002 [] August 20. 2002 [] September 3.2002 [] September 17. 2002 VII.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACI AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m,) August 5. 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meetine. Dates [] October 1, 2002 [] October 15. 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5.2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety, and refund of cash bond in the amount of $750.00, for lift station site restoration in the project known as Hypoluxo Cove. EXPLANATION: The amount being released represents the warranty surety for restoration of a lift station site serving this project. This Department has completed its final inspection, and verified that all portions of the restoration have been satisfactorily completed. The surety may therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Departnl~nt Hea~d's Signature City Manager's Signature UTILITIES Department Name / Cit3; ~toi-n~ ~'fi~ance / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETIN~FORMSLA. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND, IN THE AMOUNT OF $750.00, FOR THE PROJECT KNOWN AS HYPOLUXO COVE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Hypoluxo Cove, previously cash bond in the mount of $750.00 for the lift station site restoration; and; WHEREAS, the Utility Departmem has completed it's f'mal inspection, and verified of the restoration have been satisfactorily completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of $750.00 to Michael & Kristie Mosher. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk 5:caXResoXLetter of Credit/Release Cash Bond - Hypoluxo Cove DIRECT PAYMENT REQUISITION Please issue a check in the a mount of $ 750.00 To: For: site restoration in the Requested by Approvals: Peter Mazzella, Assistant to the Director Date July 9, 2002 Dept. Head Finance Dept. City Manager 401 0000 220 99 00 750.00 I I $750.00 VII.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6. 2002 [] August 20. 2002 [] September 3. 2002 [] September 17. 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 17,2002 (5:00 p.m3 August 5, 2002 (Noon) August 19, 2002 ~Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] October 1. 2002 September 16. 2002 (Noon) [] October 15.2002 September 30, 2002 (Noon) [] November 6. 2002 October 14. 2002 (Noon) [] November 19, 2002 November 5. 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorization to execute by Resolution Task Order #13 with CH2M Hill for Master Lift Station 356 Service Area Conveyance Capacity Analysis in the amount of $93,600.00. EXPLANATION: Lift Station 356 is the largest Master Lift Station in Boynton Beach and is located at the east end of Boynton Beach Blvd, just north of the marina area. The Lift Station 356 service area includes the downtown area and an extensive gravity system, as well as many smaller tributary lift stations that feed into Lift Station 356. Most of the gravity system consists of clay pipe with brick manholes that are at least 30 years old. The Utilities Department is concerned that the Lift Station 356 system including its surrounding feeder systems may not have sufficient capacity to accommodate redevelopment plans. There are approximately 23 lift stations, 1,600 manholes, 16 miles of force main and 53 miles of gravity main in the study area. The purpose of this Task Order is to provide engineering services for a capacity evaluation of the Lift Station 356 collection system. The study will include the gravity system, the tributary lift stations and Lift Station 356 including the discharge force main. Included in the study is the previous information developed by CH2M Hill on a hydraulic study of Lift Station 356. The evaluation will include recommendations for improvements including upgrades to existing facilities as well as proposed new facilities. An additional task order may be required to allow for engineering service during the repair and rehabilitation of the Lift Station 356 system. S:\BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM PROGRAM IMPACT: Master Lift Station 356 is the largest wastewater pump station on the eastem city boundary and handles the downtown area. There is concern that with redevelopment there will be a demand for additional capacity. FISCAL IMPACT: The cost for services on Task Order #01-13 is $93,600.00. Funds are available in the Renewal and Replacement account ~[405-5000-590-96-04, SWR092. ALTERNATIVES: The last time a significant study of the Lift Station 356 system was completed was approximately 25 years ago when the regional force main and regional treatment plant were constructed. Considering the planned potential for growth in the downtown area we see no altern~e are to be sure the wastewater systerr~is ready and in good working order. ~ Department Head's~ignature ' City'~vl'anager's Signature Utilities Department Department Name City Att${fiey / Finance /Human Resources Cc: Bill Atkins - Procurement Services Mark Law Tony Lombardi Barb Conboy S:~BULLET[NLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. 13, BETWEEN THE CITY OF BOYNTON BEACH AND CH2M HILL IN THE AMO~ OF $93,600 FOR THE MASTER LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lift Station 356 is the largest Master Lift Station in Boynton Beach, and is located at the east end of Boynton Beach Blvd., just north of the marina area; and WHEREAS, this task order will provide engineering services for a capacity evaluation of the Lift Station 356 collection system;, and will include the gravity system, the tributary lift stations ahd Lift Station 356 including the discharge force main; and WHEREAS, the City Commission upon recommendation from staff, deems it appropriate and in the best interest of the residents and citizens of the City to approve Task Order No. 13 in the mount of $93,600 to CH2M Hill for the Master Lift Station 356 service area conveyance capacity analysis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Task Order No. 13 in the amount of $93,600 to CH2M Hill for the Master Lift Station 356 service area conveyance capacity analysis. Section 2. This Resolution shall become effective mediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner Commissioner ca~so~agreements\Consultant - Task Order CH2M Hill - Lift Station 356 Task Order No'. 13 May 6, 2002 Lift Station 356 Service Area Conveyance Capacity Analysis Background Master Lift Station (L.S.) 356 is the City of Boynton Beach (CITY's) largest wastewater pump station. Located east of U.S. 1 on Old Bo~vnton Beach Boulevard, it's service area consists of the area bounded by Boynton Canal to the north, Gulfstream Boulevard (southern City limits), 1-95 to the west, and the Intracoastal to the east. The Town of Briny Breezes, a small community east of the Intracoastal, also sends their wastewater to L.S. 356. The service area includes both an extensive gravity system as well as many. smaller lift stations that eventually feed L.S. 356. L.S. 356 discharges into a 20' force main that ties into the C1TY's primary force main on Congress Avenue. The 20" L.S. 356 force main is the only sewer line that crosses 1-95 south of the Boynton Canal. Most of the gravity sewers in this service area consist of clay pipe with brick manholes that are at least 30 years old, and infiltration and inflow (I&I) has been a significant problem in this area. The smaller tributary lift stations ali empty into manholes that eventually gravity flow to L.S. 356. L.S. 356 pumping facilities include a 1,500 gpm jockey pump that operates for a majority of the time with two 3,200 gpm pumps providing alternating duty during peak flows. Actual flowrates for the large pumps have exceeded 3,600 gpm when system pressures are low. The L.S. 356 force main is ductile iron and believed to be in satisfactory condition. Included in this service area is the Boynton downtown area slated for redevelopment. The CITY is concerned that the gravity system, the small tributary lift stations, and L.S. 356 itself may not have sufficient capacity to accommodate redevelopment plans. There are approximately 23 lift stations, 1,600 manholes, 16 miles of force main, and 53 miles of gravity piping in the study area. CH2M HILL has previously conducted a study on the flow into and out of L.S. 356 and prepared a rudimentary model of the force main network. The information gathered during the L.S. 356 study will be incorporated into this Capacity ~lysis Task Order. The Boynton Beach wastewater collection system has experienced significant infiltration (groundwater entering through leaky pipes) and inflow (stormwater that enters the system through direct connections, manholes, and other access points). As a result of the I&I problems the CITY has initiated efforts to identify sources of the I&I and means to reduce it. The CITY has purchased several cameras, a survey truck and miscellaneous lining equipment. The CITY has the capability of performing their own grouting and In Situ Form pipe lining. The CITY's main efforts have been to put out fires and repair areas that exhibit a high degree of leakage. To date, no efforts have been made to prioritize improvements or to quantify the repair results. Boynton Beach pumps all of their wastewater to the Palm Beach county Southern Regional Water Reclamation Facility. Currently the CITY is charged $700 per 1000 gallons of wastewater to the SRWRF. The average Boynton Beach waStewater flow to the SRWRF is about 2,970 million gallons, which results in an average yearly cost of $2,079,800 Based on other I&I study/rehabilitation work conducted for several utilities in southeast Florida, I&! values can be expected to exceed 50% of the total flow in a collection system and a much higher percentage of the peak flow. A thorough capacity evaluation must take into account I&I contributions and weigh I&I reductiOn measures against capacity upgrades. DFB/TO-CONVEYANCE3568.DOC 1 LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS The CITY has requested CH2M HILL (ENGINEER) to prepare a Task Order to evaluate the capacity of the L.S. 356 service area and recommend improvements to accommodate both existing and projected wastewater flows. Based on results of this Task Order, the City will have better defined information on where to direct infiltration and inflow studies and repair work. Objective The purpose of this Task Order is to provide engineering services for a capacity evaluation of the L.S. 356 system, including the gravity system, the tributary lift stations to L.S. 356, L.S. 356 itself, and the L.S. ~56 discharge main.. The evaluation will include recommendations for improvements including upgrades to existing facilities as well as proposed new facilities. The proposed work to be performed under this Task Order is to estimate the future dry weather and peak wastewater flows into each of the listed lift stations using detailed planning, population, and dwelling unit data. The tributary lift stations are defined as the lift stations that eventually discharge to L.S. 356 and include the following stations: 2O4 Lift Station 356 Tributary Pump Stations 206 207 210 402 403 404 405 406 407 408 409 410 411 414 413 412 Lift stations 101, 102, 103, and 104 are Briny Breezes lift stations that contribute to the L.S. 356 service area. These lift stations will be handled as'a large user point load at the first receiving manhole in Boynton Beach. To efficiently dedicate the City's resources to the areas that are anticipated to be most problematic, the City has requested that the full study be limited the following lift stations and their respective gravity systems: 204 210 356 412 414 Lift Stations/GravitySystemsSubjected to Full Evaluation 206 207 410 These stations were selected for full evaluation because they are the closest systems to the Intracoastal Waterway, where infiltration is expected to be the most severe, and because they are located in areas that are likely to experience significant development in the near future. DFB/TO-CONVEYANCE356~.OOC LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS The other lift stations (402; 403, 404, 405, 406, 407, 408, 409, 411, and 413) will be subjected to a cursory evaluation, which will include a review existing pumps and piping, and pump run data. Pressure readings will be collected once at each of these lift stations. No evaluation of the gravity lines or an I&I evaluation will be conducted for the gravity systems of these lift stations under this Task Order. The contribution from these lift stations to the lift station 356 gravity system will be assumed to be constant unless the City indicates that a specific development is slated for construction. This Task Order also includes evaluating the large diameter gravity lines in the subject service area. A large diameter gravity line is defined as any gravity sewer line 12-inches in diameter or larger. The smaller gravity lines that feed the large diameter gravity lines are assumed to be sufficient for the flows and will not be evaluated as part of the capacity analysis. A. Scope of Work The proposed scope of work for the engineering services requested is defined as follows: Task I. Estimate Wastewater Flow The ENGINEER will perform the following duties under this Task: 1. Collect the following information from the CITY: · Population and demographic data · List of large users and flow rates · 5 years of monthly wastewater flow rates for the entire CITY · List of planned and forecast developments with flow rates · The densities permitted under each zoning category · Plan and profile (or slopes) drawings for all of the gravity lines south of the Boynton Canal and east of 1-95 · Wet well dimensions, pump curves, pump run time records, discharge piping diameters and plans of the discharge piping lengths for all of the above-listed lift stations, including L.S. 356 2. Meet with the CITY to collect information regarding known problems areas such as, high pressures, inability to meet peak flows, repeated line failures, poor piping or mechanical conditions, and pump station problems. 3. The ENGINEER will determine the average number of persons per dwelling unit for single family and multi-family dwelling units from available census or planning data. 4. Determine maximum potential dwelling units and commercial acreage in each large gravity line and pump station tributary area, based on existing zoning maps and anticipated redevelopment. 5. Determine average per capita wastewater generation rates based on a review of the last five years of service area population data and the average wastewater flows into the Southern Regional Wastewater Treatment Plant. No delineation between per dwelling unit wastewater generation rates will be defined between older eastern developments and newer western developments. 6. Calculate the average residential flow from each large diameter line and pump station tributary area. 7. Estimate the average commercial wastewater flow per acre based on typical wastewater generation rates. DFB/'ro-cONVEYANCE356B.DOC 3 LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS 8. Calculate the average commercial wastewater flow from each large diameter line and pump station tributary area. 9. Determine the average total wastewater flow from each large diameter line and pump station tributary area. 10. pump station. The estimate ~f will be based :on c development. 11. Compare the estimated current wastewater flows for each pump station to the actual average flows experienced at each of the pump stations. The average flows will be based on historic pump run times. The estimates will then be modified to more closely match actual conditions. 12. Determine a peaking factor for each large gravity line and pump station tributary area and apply the peaking factor to each area to determine the peak wastewater flow. 13. Meet with the CITY to review calculated flow rates and obtain CITY comments. Task II. Analyze Pump Station and Large Gravity Line Capacities Hydraulic parameters of the discharge lines for the above-listed lift stations as well as the large gravity lines will be calculated using spreadsheet-based programs. Hydraulic parameters of the L.S. 356 force main will be calculated from L.S. 356 to where it connects to the CITY's primary force main on Congress Avenue. The ENGINEER will perform the following duties under this Task: 1. Prepare a spreadsheet program to determine theoretical hydraulic capacities for each of the pump station discharge mains and the large gravity lines. 2. Meet with the CITY and their lift station I & C contractor, Data Flow. The ENGINEER will prepare a list of parameters that are needed from each of the respsective lift stations. The CITY will coordinate with Data Flow so that the existing equipment will collect the needed information. The CITY will be responsible for installing any new devices such as pressure gauges and rain gauges and the CITY is responsible for the accuracy of the information collected. The data collected shall be delivered to the ENGINEER by the CITY in a Windows based spreadsheet format. Data will be collected by the CITY for a minimum of 30 days, with at least one rain event occuring during testing. 3. Flow information on the large diameter gravity lines will be derived from the influent flow rates collected at the lift stations. No flow measurements of the gravity lines themselves will be conducted by the ENGINEER. 4. Incorporate the data collected from the previous study of L.S. 356. 5. Based on the information collected, the ENGINEER will determine the theoretical capacities for each of the pump stations and the large gravity lines. 6. The ENGINEER will determine current and expected deficiencies in the system related to high pressures, high velocities, or inability to meet flow demands. Expected deficiencies will be based on forecast flow rates generated under Task 1. 7. The ENGINEER will evaluate various pumping and/or pipeline improvements and recommend cost-effective alternatives. Improvements may include new or upsizing gravity and/or pressure lines, modifications to existing pump stations, and construction of new pump stations. If it is obvious that infiltration and inflow (I&I) is responsible for grossly excessive flows then I&I DFB/TO-CONV EYANCE356B.DOC 4 LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS improvements may be recommended. Specific I&I improvement options and costs will not be evaluated. Meet with the CITY to review improvement options and recommendations. Obtain CITY comments. Task III. Prepare Report The ENGINEER will perform the following duties under this Task: 1. Develop order-of-magnitude cost estimates for the recommended improvement options. 2. Develop a 10 year capital improvement plan, with scheduling of improvements prioritized to meet the projected peak flows. 3. Prepare a draft report detailing the results of this Task Order. Provide 5 copies of a draft report for the CITY's review. 4. Meet with the CITY to discuss review comments. Incorporate the comments and prepare 10 final copies of the report to the CITY. Assumptions The services described herein a.re based upon the assumptions stated in the Scope of Services and below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CH2M HILL will advise the CITY in writing of the magnitude of the required adjustments. The following assumptions were made in the development of the scope of work. · Only the L.S. 356 service area will be evaluated. L.S. 356 pumps into the CITY's primary force main on Congress Avenue. The impacts that the recommended improvements will have on the primary force main or other pump stations that discharge to the primary force main will not be evaluated. · The number of manholes and lengths of piping used to develop this Task Order were based on drawings provided by the CITY. · CITY will provide recent aerial photos of the subject area.. · CITY staff will be responsible for obtaining lift station influent flow rates, pumping flow rates, pressure and rain event data for all of the respective lift stations (through Data Flow). The CITY will be responsible for the accuracy of the data collected. · CITY staff will provide pressure taps (if not currently installed) at each pump station to be tested, as instructed by the ENGINEER. · CITY will be able to provide all the information requested within this Task Order. · The CITY will provide or pay for all sample analysis. · The CITY will provide secure sites for the rain gauge installations. · A comprehensive model of the force main system and/or the gravity sewer system will not be prepared. Hydraulic modeling will be performed using spreadsheet based programs. · Unless determined otherwise, existing pumps are operating on their pump curves. Additional Services CH2M HILL will, as directed, provide additional services that are related to the project but not included with this Scope of Services. These and other services can be provided, if desired by the CITY, under separate task orders or amendments to this task order. Additional services will be provided via lump sum in accordance with the Master Agreement for General Engineering DFB/TO-CONVEYANCE356B DOC 5 LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS Consulting Services. Work will begin for the additional services after receipt of a written notice to proceed from the CITY. Examples of additional services include the following: Preparation of a full-scale hydraulic model of either the gravity system or the force main system. · Other than interviewing CITY staff, an), work associated with determination of pipe condition, such as excavation, pressure testing, coupon testing, or other structural integrity tests. · Evaluation of any areas outside of the L.S. 356 service area. · Installation and/or operation of flow or pressure:monitoring equipment. · An infiltration and inflow evaluation. Each notice to proceed shall contain a description of the work to be undertaken, a budget establishing the amount of additional fee to be paid to CH2M HILL and a time established to complete the work. The CITY reserves the right to add or delete tasks at the CITY's discretion. Schedule of Work Work will begin promptly upon notice to proceed and will proceed in an expeditious manner until all tasks are complete. The schedule assumes that the CITY is able o provide the required information in a timely manner. Deliverable Task I, Meeting Re: Wastewater Flow Estimates Task II, Meeting Re: Recommended Options Task III, Draft Report Task III, Final Report Completion 16 Weeks from Notice to Proceed 20 Weeks from Notice to Proceed 24 Weeks from Notice to Proceed 4 Weeks from receipt of comments DFB/TO-CONVEYANCE356B.DOC LIFT STATION 356 SERVICE AREA CONVEYANCE CAPACITY ANALYSIS Compensation Compensation by the CITY to CH2M HILL for the services described in this Task Order shall be on a lump sum basis in accordance with the Agreement. The estimated compensation for the services described in the Task Order is $93,600. The table below summarizes the estimated costs anticipated for this Task Order: L.S. 356 Service Area Capacity Analysis Task Labor Labor Expenses Total Days Costs Task I. Estimate Wastewater Flows 43 $29,900 $3,400 $33,300 Task II. Analyze Capacities 40 $27,400 $3,200 $30,600 Task III. Prepare Report 38 $26,600 $3,100 $29,700 Total 121 $83,900 $9,700 $93,600 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Dated this day of ,2002 Approved as to Form: City Attorney SUBMITTED BY CH2M HILL, . BY' ~~anager Dated this ~day of /"'Jo-~ ,2002 DFB/TO-CONVEYANCE356B.DOC 7 Robert L. Mangrum, P.E. CH2M HILL Wastewater Treatment Specialist Education M.S., Environmental Engineering, Virginia Polytechnic Institute and State University B.S., CiVil Engineering, Clemson UniverSity Professional Registration Professional En~eer: Virginia Relevant Experience Mr. Mangrum specializes in the design of wastewater treatment facilities using advanced treatment and disposal techniques. I-tis project experience includes advanced wastewater treatment pilot studies and modeling, design of advanced wastewater treatment facilities including nitrogen and phosphorus removal systems, whole effluent toxicity issues, effluent "impact" modeling, discharge permitting, WQIF grant funding, and land application of biosolids and treated effluent. Representative Projects Mr. Mangrum was project manager for the 50-percent design submittal for the Winsberg Farm Wetland Restoration Project in Palm Beach County. The $14-million project was designed to receive highly treated wastewater effluent from a nearby regional WWTP and provide additional treatment before recharging a near-surface groundwater aquifer. The wetland was also designed to provide public education of wild life and the environment. This has become one of the first projects under the Everglades Restoration Program. Mr. Mangrum served as program/project manager for a long-term inflow and infiltration (I/I) remediation program for the City of Fort Lauderdale's wastewater collection system. The ongoing project includes five phases: I/I Evaluation, I/I Source Detection and Evalua- tion of Repair Methods, System Rehabilitation, Post-Rehabffitation Evaluation, and Program Management. Mr. Mangrum served as project manager and lead process engineer for evaluating an existing 10-mgd wastewater treatment facility for the Fort Pierce Utilities Authority. He performed liquid and solids stream process evaluations, influent wastewater load analyses, hydraulic evaluations, and a reuse feasibility study, which all culminated into a master plan for future wastewater treatment, disposal, and reuse at the existing facility. Mr. Mangrum served as task manager and lead project engineer for developing the schematic design report for replacing the City of Margate's 13-mgd water treatment plant. Preliminary engineering included developing PFDs, calculating the hydraulic profile, creating the site plan, and sizing the following unit processes: reactor clarifiers, dual media filters, and multiple chemical feed and storage systems. Mr. Mangrum serves as lead project engineer for developing the schematic design report for the new Highland Beach RO water treatment plant. Preliminary engineering included DFB/17191.DOC/3 Robert L. Mangrum, P.E. CH2M HILL developing PFDs, sizing three pumping systems (raw water, membrane booster and finished water transfer), developing the site plan, and sizing the following unit processes: cartridge filters and multiple chemical feed and storage systems. Lead project engineer for the "end of project" process evaluation and conclusion develop- ment phase for the piloted treatment processes to remove phosphorus to 10 parts per billion (ppb) from both post-STA {storm water treatment area)and post-BMP (best management practice from Everglades Agricultural Areas) waters prior to entering the Everglades. Mr. Mangrum served as task manager and lead project engineer for upgrading and replacing six wastewater pumping stations in the City of Boca Raton's wastewater collection system. Existing dry-pit/wet well pump stations were converted to submersible pump stations. Mr. Mangrum was lead process engineer for evaluating treatment techniques and techno- logies currently available for treating "runoff' from concentrated feedlot operations (CFOs) in the Everglades watershed. He was lead process engineer for an upgrade feasibility study for two 100-mgd activated sludge wastewater treatment facilities in Miami-Dade County. The feasiblity study provided recommendations for the two wastewater treatment facilities based upon a proposed rule change in the underground injection control (UIC) regulations. Mr. Mangrum served as task manager and lead project engineer for the process design, detailed design, and preliminary engineering report of the biological nutrient removal upgrade and expansion project for two separate 4-mgd activated sludge wastewater treatment facilities in Dale City, Virginia. He evaluated all existing unit processes and was responsible for the process design of all new and upgraded unit processes, which included screening, grit removal sideline equalization, sequence batch reactors, inline equalization, tertiary clarification (phosphorus precipitation), tertiary filtration, UV disinfection, aerobic digestion (to meet Class B requirements for land application), gravity thicke~g, sludge dewatering, and chemical storage and feed systems. He secttred a grant agreement for over $4 million from the water quality improvement fund (WQW) for this project. Mr. Mangrum served as task manager and lead project engineer for an 8-month pilot testing program for the South Cross Bayou Wastewater Reclamation Facility located in Pinellas County, Florida. He designed, directed field assembly, provided daily operational advice, and performed data analysis for a 5,000-gpd pilot unit ~at simulated :th~ future secondary and tertiary treatment system being constructed at the 33-mgd wastewater reclamation facility. The pilot program donsisted of two package pilot units; an MLE unit with integral clarffier; and a Tetra Technologies.Denitrifying deep bed, mtflti~media sand filter with an integral methanol feed system, The study evaluated the proposed effects of the upgraded and expanded biological and tertiary treatment processes on achieving the proposed whole effluent toxicity limits. DFB/17191.DOC/4 Ricardo Morales, P,E. Environmental Engineer CH2M HILL Education M.E B.S., A.A., University of Florida ~ of Florida Florida Relevant Experience Mr. Morales has provided project management and engineering support on numerous projects involving water supply and planning, industrial wastewater permitting, indoor air quality, stormwater management, underground storage tank closure and contamination assessments, and environmental compliance assessments. Representative Project Experience Mr. Morales served as Project Manager for the $82 million AFI Villalba Regional Aqueduct strategic project. The project consist of the design/build of a 20 MGD water treatment plant and transmiSsion system. The plant treatment process consists of ozonation, aeration, coagulation, flocculation, sedimentation, filtration, chlorine disinfection, and solids handling facilities. The transmission system of the Villalba Regional Aqueduct consists of 42 km of pipe lines, four pump stations and four distribution reservoirs. management services for the $2 billion water and : Puerto Rico Infrastructure Financing Authority (AFI). The AFI efforts and is geared at constructing new water and wastewater that will benefit the Island's 3:7 million residents. The initiative management, technical services, immediate action, strategic projects, projects inclUde nine new regional water supply tter treatment systems, using the traditional or design/build approach. )roject management services for the AFI program. Mr. Morales assisted with field data collection related to the ~ water supply wells, pump testing to determine aquifer character- istics, and wells in accordance with state standards. Mr. database management and review for the ~uality Master Plan for the Orlando Utilities Commission (OUC). Also for OUC, he assisted with the engineering alternatives analysis relative to the Martin Water Treatment Plant. Alternatives that were evaluated included expanding and upgrading .the existing plant, installing new supply wells, and constructing a new water plant. DF83100369612.DOC/021000030/10 Ricardo Morales, P.E. CH2M HILL At Patrick Air Force Base, Mr. Morales assisted with the mapping of the various drainage basins on the base as part of the development of the Stormwater Management Study for the base. He assisted in underground storage tank (UST) field investigations, and the preparation of UST closure reports and contamination assessment reports. For a confidential client in Orlando, Florida, Mr. Morales participated in a comprehensive environmental audit of a large entertainment facility. The review included consideration of BMPs, state and federal:environmental regulations for air,.water, wastewater, solid waste, and other environmental issues at the facility. Mr. Morales provided field investigations support, including the sampling and surveying of UST contaminatior tion and with industrial wastewater treatment and disposal permitting for A.E. Staley Company. Mr. Morales served as Deputy Proj Regional W Definition procurement, and mana. system. The project consists of 53 kilometers (km) of trtmk Res, pump stations, and a 27 MGD tertiary wastewater treatment plant with a river outfalL Mr. Morales was Project Manager for the $53 million AFI Guayama Regional Aqueduct strategic project. He managed the design cOnsultant responsil~le for Project Definition preparation of the water treatment plant design/build procurement, and managed the transmission system. The project consists of ~lant and traditional design of the ttion, flocculation, fac~ties. The trans- two distribution reservoirs. consultant in charge the design/build of transmission system. The sedimentation, filtration, mission system consis Mr. Morales was Project Manager consisted of repair until capital improvements pipelines, and wells. AFI Immediate Action Program. This program projects intended to provide immediate results >ical R&R :projects included new pumps, For Airport Group International (AGI), Mr. Morales performed Environmental Baseline Studies (EBS) for three airports in Bolivia. The airports at Santa Cruz (Vim Vim International Airport), Cochabamba (jorge Wilsterman Airport), and La Paz (John F. Kennedy E1 Alto Airport) will be operated by AGI for the next 25 years. The lease contract terms with the Bolivian government included a provision for conducting an EBS at each of the airports within six months of the contract date to determine environmental conditions at the time AGI assumed onsite operations. Mr. Morales participated in the comprehensive Phase I assessment to assess the compliance status of each airport relative to environmental laws and regulations in Bolivia. The Phase I assessment also included the identification of areas of concem relative to potential environmental contamination, and the development of a sampling and analysis program to assess the possible presence of contamination in these areas. During the Phase I assessment, DFB3100369612.DOC/021000030/11 Ricardo Morales, P.E. CH2M HILL Mr. Morales conducted detailed reviews of the airport facilities and operations, including eqUiPment m~intenance facilities, wastewater treatment systems. For the U.S. Army Garrison-Panama and, the U.S. Air F sites to assess As Mr The program, inthe s consis] the soil or; Mr. Morales' review of various Puerto environmental laws, Mr. MOrales various Rico, Mr. Morales participated sites. The site characterizations of any hydrocarbon contamination in Assessment System (ECAS) Performed site visits to (DOD):, and Puerto Rico States Army Garrison activities in at performed site visits regulations. review environmental regulations as the>' and other issues at the facility, For a confidential coml2 review included water,. operations. The (BM_Ps) wastewater, storm water, solid waste, and othe in and managed a and bottling operation. The environmental regulations for air, at the facility. For a confidential client in Chile, Mr. Morales participated in and managed a comprehensive environmental audit of a The review included consideration of BMPs and Chile , water, wastewater, solid waste, and other environmental issues at the facility. m a corn rehenmve anal sm of wastewater treatment systems at Mr. Morales participated' p ' y ' Camp Santiako and Fort Allen, twi~ Puerto Rico Army National Guard facilities. The later DFB3100369612.DOC/021000030/12 Ricardo Morales, P.E. CH2M HILL phases of the project included providing recommendations to improve the facilities' operations and compliance with applicable regulations. Mr. Morales assisted in the preparation of activity-specific Spill Prevention, Control, and Countermeasures Plans (SPCCPs), a comprehensive Installation Spill Contingency Plan (ISCP), and Hazardous Waste Management Plan for the U.S. Army Garrison-Panama. Plan preparation involved site visits, review of applicable environmental regulations, and writing and coordinating production of the plans. As part of a comprehensive environmental compliance audit of 110 Florida Army National Guard (FANG) facilities, Mr. Morales provided database management support and quality assurance (QA) review for more than 1,200 environmental compliance findings. Database management was instrumental to the develOpment of a statewide corrective action program for the Guard. He also provided QA review of more than 1,200 findings relating to waste- water treatment and disposal, potable, water supply, hazardous material/waste manage- ment, solid waste management, petroleum storage tanks, air emissions control, asbestos abatement, radon, and natural and cultural resources protection. DFB3100369612.DOC/021000030/13 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m to City Clerk's Office Meeting Dates in to City Clerk's Office July [7, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 ~CNoon~c~ :~. _ [] Administrative [] Development Plans  Consent Agenda [] New Business Public Hearing ~ Legal ~_.~ '._. __2 [] Bids [] Un£mished Business -~' .-~ c. [] Announcement [] Presentation -.~-' [] City Manager's Report RECOMMENDATION: Ratify an agreement between the City of Boynton Beach and Advanced Technical and Education Consultants, Inc. EXPLANATION: Boynton Beach Fire Rescue has been a clinical training site for EMT and Paramedic students for many years. This agreement formalizes a cooperative relationship between the City of Boynton Beach and Advanced Technical and Education Consultants, Inc. ATEC students would be allowed to ride with our crews to gain valuable clinical experience treating patients. PROGRAM IMPACT: Boynton Beach Fire Rescue crews are well acclimated to teaching and mentoring EMT and Paramedic students. Teaching others helps keep our personnel's own skills at a high level. FISCAL IMPACT: None ALTERNATIVES: Do not ratify th!s~agreement. / Depa~en~ead's Silage Department Name / City Atto~e~/-TFinance / Human Resources S:',,BULLETIN'xFORMS',AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR[DA, AUTHORIZING AND DIRECTIN( EXECUTE AN FOR ~ TO THE CITY OF ,CHNICAL AND ~ PROVIDING WHEREAS, Boynton Beach Fire Rescue has been a clinical training site for EMT md Paramedic students for many years; and WHEREAS, this Agreement allows ATEC students to ride with Boynton Beach Fire Rescue crews to gain valuable clinical experience treating patients; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorizes the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Advanced Technical and Education ConsUltants, which is attached hereto r~d made a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) ~: caLResokA. TEC -BBFR Agreemaat day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner AGREEMENT THIS AGREEMENT is made and entered into this day of , 2002, by and between the CITY OF BOYNTON BEACH, a Florida Municipality, hereafter referred to as "CITY", and Advanced Technical and Education Consultants, Inc., 1200 South Federal Highway, Boynton Beach, Florida 33435, a private corporation under the laws of the State of Florida, hereinafter referred to as "ATEC". WITNESSETH: WHEREAS, ATEC and the CITY desire to enter into a contractual arrangement to provide for the education and training of individuals for the position of Paramedic and Emergency Medical Technician (EMT) with the CITY. NOW, THEREFORE, it is understood and agreed between the parties hereto as follows: 1. ATEC has undertaken to educate and train students in the City's Paramedic and EMT programs. 2. The programs shall be under the auspice of ATEC as defined in Chapter 401, Florida Statutes, and Rule 64E-2.036, Florida Administrative Code related to training programs. 3. This agreement shall continue for 1 year and may be renewed annually by the mutual consent of both parties. In the event that either party desires to terminate the arrangement prior to the renewal date, notice is to be given by the party desiring to terminate to the other party in writing, but such termination shall not be effeCtive until such time as all then enrolled students have had an opporttmity to complete their program. 4. Any notice required or permitted to be given under this Agreement shall be in writing and mailed to: S:\CA",AGMTS~ATEC AGREEEMENT.doc o 10. 11. 12. CITY OF BOYNTON BEACH City Manager 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 ATEC,~c. Rhonda McCartt, President 1200 South Federal Highway Boynton Beach, Florida Students in the Paramedic and EMT program are subject to the rules and regulations of ATEC, Chapter 401, Florida Statutes and Rule 64E-2.036, Florida Administrative Code, related to training programs. ATEC agrees to adhere to the policy and procedures established by the CITY to include Exposure Control Plan for Bloodborne Pathogens and all related Infectious Control Policies. ATEC agrees to consult with the CITY designee selecting clinical experiences for the students of the program. Provide a list of students and - their dates of attendance to the CITY. ATEC further agrees to hold harmless and indemnify the City or any of its officers, employees, agents, representatives or servants fi:om any and all damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a result of ATEC's presentation regarding ownership and fight of possession to the Property, including but not limited to reasonable attorneys fees, all costs of litigation and investigation expenses caused by said damage, actions, suits, claim or demand at both trial and appellate levels. CITY agrees to provide ATEC with the necessary facilities for clinical experiences for Paramedic and EMT instruction. CITY agrees to cooperate with ATEC in the assignments of the students at CITY with staff of ATEC CITY agrees to provide liaison between the CITY administrator and ATEC's, Paramedic Program Coordinator. CITY agrees to provide for supervision at all times for students participating in the clinical setting at the CITY. S:\CAL&.GMTSXATEC AGREEEMENT. doc 13. Both parties agree to require that each student provide at their own expense the following: a. Uniforms b. Laundry Service c. Transportation d. Meals e. Physical examination f. Required immunizations g. Hospital and medical treatment. h. Personal/private accident insurance or evidence of such protection Professional Liability insurance coverage of not less than $1,000,000 per occurrence and $3,000,000. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA By: Mayor Approved asto form: ATTEST: By: City Attorney City Clerk S:\CA',AGMTS'xATEC AGREEEMENT.doc ADVANCED TECHNICAL EDUCATI)ONAL CONSULTANTS, INC. Name: ~f~ p/~' /~le.~,Cr~:~ Title: .]//~ e-~iD ~ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized, by law .to~dn%i..'nister oaths and take acknowledgments, personally appeared [Owner] ~C~ ~Qd°,r-~" and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand ~~d on this [-~ day of~L2002. NO~I'A~ PUBLIC ~/~ My Commission Expire .~..J and official seal II ~?~": KEtTH S. BRADLEY ~-~1 il-";:" & ':~ MY COMMISSION # CC 775612 !1~.:'~'~ EXPIRES: September 15, 2002 X~DE_FS~~i 990X~0182.BB~GM~C AGrEEMENT.doc S:\CAXAGMTS\ATEC AGREEEMENT.doc Requested City Commissior~ Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEI I C.9 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] October 1,2002 [] October 15. 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Date Final Form Must be Turned in to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval by the City Commission to conduct Fire Rescue training at 2240 W. Woolbright Road. EXPLANATION: Boynton Beach Fire Rescue has developed a high-rise fire training class. The purpose is to review the new county wide high-rise f'rre standard. PROGRAM IMPACT: This is a walk through drill, no fire, smoke or water will be used. FISCAL IMPACT: No cost to the city. ALTERNATIVES: Few, in order to conduct this training, height and fire protection systems are necessary, as well as a cooperative owner. Department ignature Deparmaent Name Fire Rescue · C~'~y Manager's Signature City Attor~ / l:inance / Human Resources S:kBULLETIN~ORMS~GENDA I'fEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING AND DIRECTING THE [ THE CITY OF WHEREAS, the City's Fire= Department desires to use the building located at 2240 West Woolbright Road, Boynton Beach, Florida for the purpose of fire training exercises; and WHEREAS, the owner o f Woolbright Professional Building, Ltd., has permitted the to use said building for one fire rescue training session lasting approximately six (6) consecutive days. NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACI-I, FLORIDA, TItAT: Section 1. Each Whereas clause set forth above is true and correct and ~orated herein by this reference. Section 2. The City Commission of the City of BoYnton Beach, Florida does authorizes the Mayor and City Clerk to execute an Agreement between the City of Beach and Woolbright Professional Building, Ltd., which is attached hereto and a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~.TTEST: City Clerk (Corporate Seal) s: cakRe~okATEC -BBFR Agr~m*s~t day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND GENERAL RELEASE, is made this 15th day of July , 2002 by and between the CITY OF BOYNTON BEACH, FLORIDA ("City,) and Woolbr±ght l~ro£e:$s±onal Bu±ld±ng, Ltd....("Owner"). WlTNESSETH: WHEREAS, Owner warrants that it owns certain property located within the limits of the City and located at 2240 West .Woolbright Road, Boynton Beach, Florida; and WHEREAS, The Fire Department of the City desires to use the building located on said property for the purposes of training for one (1) training session which will last approximately six (6) days; and WHEREAS, Owner permits the City to use the building for appropriate training. exercises. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the City to enter onto the property referred to herein for fire rescue training exercises after execution of the Agreement. 3. As part of the training exercises, the participants shall not conduct invasive training that would result in any structural damage to the building. Also, if the structure was secure prior to the City conducting its training, at the conclusion of the training, the City will secure the structure in a like manner. 4. Prior to conducting training exercises, City, or its designated representative, shall review and document with Owner, the areas of the property and their conditions which will be used in the training exercises. 5. The City shall be responsible for any injuries to its employees occurring during activities in the course and scope of their employment while performing training activities on the property referred to herein and for any damage to any property owned by the City. The City shall also be responsible for its own negligence; and shall defend and indemnify the Owner from all claims, suits, causes of action or any claim whatsoever made arising fi:om the City's negligence, to the extent permitted by law. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. No prior or present agreements or representations shall be binding upon any of the · parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. IN WITNESS WItEREOF, the City has caused these presents to be executed in its name by its City Manager, and attested and its official seal to be hereunto affixed by its City Clerk, and Owner has hereunto set its hand and seal the day and year first above written. ATTEST: By: City Clerk CITY OF BOYNTON BEACH, FLORIDA By: Gerald Broening, Mayor Approved as to Fo~jn and ATTEST: (SEAL) OWNER Title: COUNTY I HEREBY CERTIFY that on this day before me, an officer duly qualified to take dements ersonally appeared L ~lknowle g :~ P · · ,,- ~ ....... ~-, ~-~ the ,,&son c~e~ci:il3ed in, or who produced l.Z_ _ __t ~, wno is personalty ~mowli /~ra'~"}t~-s~~'; C~/'''r' '': -- as identification, and who executed the toregmng aha acknowledged before me that (s)he executed the same. WITNESS my hand~ se, al in the Co%[ and State aforesaid on this / . My Commission Expires: ~ ~ ~ · · 2-02.doc \XjGCDE_FS~LIBRARYM990\900182.BBXAGMTXfire release for trmmng no bum Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VTT.-CONSENT AGENDA TTEM C.10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlvl Date Final Form Must be Turned in to City Clerk's-Office July 17, 2002 (5:00 p.m.) AuguSt 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To adopt the fee schedule for the submittal of applications from cable providers and open video system providers for a cable franchise or license, providing for the method in which to calculate the cost associated with the review of the franchise or Hcense application and to recapture the costs of the City's review and expert/consultants review. EXPLANATION: On June 20, 2000, the City adopted an ordinance (00-31) regarding the franchising and licensing of cable service providers and open video systems. City staff recommends that the fee schedule adopted by the City recapture the administrative costs of the hours associated with City staff, as well as experts/consultants, in reviewing the franchise or license application. PROGRAM IMPACT: This resolution will allow for the reimbursement of City Staff as well as outside experts/consultants for the costs associated with review of the applications. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Deparmaent Name ! .~ ~/Cit~anager's Signature ~ Resources ~Ciw A~tome~/'Finance / Human S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY ADOPTING SUBMITTAL OF PROVIDERS ~D PRC LICENSE, RE METHOD TO OF BOYNTON BEACH, FLORIDA, THE FEE FOR THE CABLE OPEN A OR COST FOR WI-IEREAS,~ the City of BOYNTON BEACH, Florida on June 20, 2000 adopted Ordinance No. 00-31 regarding the franchising and licensing of cable service providers and open video systems;and WHEREAS,: Ordinance No. 00-31 requires that an application be filed which shall be accompanied by a non-refundable fee in mounts to be established from time to time by the City Commission by Resolution to off-set the administrative cost of the review of the applications; and WHEREAS, the City staff recommends that the fee schedule adopted by the City recapture the costs of the hours associated with the review by the applicable City staff, as well as any experts/consultants that may be required by the City to review the franchise or license application; and WHEREAS, the City staff further recommends that fifby percent (50%) of the recommended fee schedule shall be non-refundable, with the balance utilized as a deposit to ensure that the City will recapture the costs of the City's review; and City staff further recommends that an additional deposit from the applicant would be required upon the depletion of the fees and additional staff time is required to complete the review of the application; and KLF_Jdjd 0427001rev. 071602 C:XDocumem~ and SettingsqamannaP&ocat Setting$\Teraporary Intemet FileaXOLKBO~telecom fee schedule.doc Page 1 of 4 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, at a minimum, the City departments involved in the review will include Financial Management, City Manager's Office, Public Works (including Engineering) and the City Attorney's Office, and the cost would be calculated based upon the hourly:rates of the applicable staff, plus administrative overhead, and will be calculated by the Department of Financial Management; and WHEREAS, the City Commission concurs with the recommendation of the City staff and believes it is in the best interest of the City of BOYNTON BEACH, Florida to establish the ~fee schedule as required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: ~qecticm 1~ The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. ~. The application fee required to accompany the application submitted for a franchise or license for cable service or open video systems pursuant to Ordinance No. 00-031 of the City of BOYNTON BEACH, Florida, shall be as follows: Initial Application for a Franchise or License Renewal of Franchise or License Transfer of a License or Franchise (other than a pro forma transfer) For a pro forma transfer of a Franchise or License For modification of a Franchise Agreement pursuant to 47 U.S.C. §545 For any other relief $10,000.00 $ 7,500.00 $ 7,500.00 $ 3,500.00 $ 2,500.00 $1,000.00 Of the above-referenced amounts, fif~ percent (50%) shall be retained as a non- refundable fee and the remaining fif[-y percent (50)%) shall be retained as a deposit to ensure the City is able to recapture all costs associated with the review of the application. KL~djd 0427001rev. 071602 CSDocuments and SettingsXlamannarXLocat Settings\Temporary Interact Files\OLKB0\telecom fee schedule.doc Page 2 of 4 l 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 ~.. The City Commission of the City of BOYNTON BEACH, Florida, hereby declares that should the cost of the review deplete the application fee, the applicant shall be required to submit an additional deposit with the City prior to the completion of the review. At a minimum, the additional deposit shall equal fifty Percent (50%) of the original application fee. In addition, the City Commission ~er declares that where the cost of the staff time required to review the application is greater than fifty percent (50%) of the total application fee, plus any additional deposit, but less than one hundred percent (100%) of the total fee paid, the application shall receive a reimbursement for the unused portion of the fee. Section 4. The City Commission of the City of BOYNTON BEACH, Florida, further declares that the calculation for the cost of City staff shall be based on the applicable staff's hourly rate plus the administrative overhead. The overhead rate shall be based on the prior fiscal year audited numbers. In addition, it is the intent of the City to recapture any cost associated with the need to have experts/consultants assist in the review of the application. Therefore, the City Commission further declares that, in addition to the cost of staff time, the applicant shall be responsible for reimbursing the City for any and all costs associated with the review of the application by outside experts/consultants. Seefiamfi. The Department of Financial Management shall coordinate with the applicable Departments and maintain a record of the hourly rates, including administrative overhead, of the staff responsible for reviewing the applications. The Department of Financial Management shall provide to the required Departments a time sheet to be utilized for each application to be reviewed. The Department of Financial Management shall also be responsible for calculating the total cost for the review of the application and processing any reimbursement to the applicant, if required. KLE/djd 042700~rev. 071602 C:Xl)ocuments and SettingsXlamannarXLocal Settings\Temporary lntemet Files\OLKB0\telecom fee schedule.doc Page 3 of 4 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 gection 6.. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. .qectinn 8. This Resolution shall become effective upon adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS DAY OF ,2002. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, crI'Y ATTORNEY KLE/djd 0427001rev. 071602 C:~ocurnents and SettingsXlarmnnarXLocal Settings~,Temporary lntemet FilesXOLKB0C. elecom fee schedule,doc Page 4 of 4 VII, - CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.11 AGENDA ITEM REQUEST FOR w Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumcd in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorization for the Mayor and City Clerk to execute a Release of Unity of Title for WalMart at Boynton Beach. EXPLANATION: Quaterdeck Properties, Inc. is the owner of Lot 2 of the WalMart Shopping Center and has requested a Release of Unity of Title. Since the entire WalMart development is now recorded on a record plat (WalMart at Boynton Beach, according to the record plat as recorded in Plat Book 94 Pages 140 and 141 of the Public Records of Palm Beach County, Florida), Lots 2 through 5 should be released, which will allow all the out-parcels to develop independently. PROGRAM IMPACT: This will release the Unity of Title encumbered to all of the out-parcels to allow each of them to develop independently. FISCAL IMPACT: ALTERNATIVES: Depmhnent Head's Signature Department Name City Manager's Signature City Attorney / Finance / Human R~urces S:~BULLETIN~ORMSX~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY CO~SStON OF THE CITY OF BOY-NTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EFFECT~E DATE. WI-IEREAS, the City has approved the site plan for Wal-Mart at Boynton Beach and ~s recorded on a record plat in the Public Records of Palm Beach County, Florida; and WI-IEREAS, this will release the Unity of Title encumbered to all of the out-parcels and allow each of them to develop independently. NOW, TIIEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TIIE CITY OF BOYNTON BEACI-I, FLORIDA, TIlAT: Section 1. The foregoing Whereas clauses are true and correct and are now ratified and confn'med by the City Commission. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Release of Unity of Title for Wal-Mart at Boynton Beach, and is attached hereto as Exhibit Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Ca~reso~agreementsXPartial Release of Lien Boynton Industrial 5-8 Prepared by/return to: James A. Cherof, City Attomey City of Boynton Beach P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 RELEASE OF UNITY OF. TITLE THIS RELEASE is made and entered into on the day of June, 2002, by the City of Boynton Beach, Florida, a political subdivision of the State of Florida. WITNESSETH: WHEREAS, Wal-Mart Stores East, Inc., a Florida limited liability company, owns the following described parcel of real property (the "Property"): Lots 2-5, WAL'MART at BOYNTON BEACH, according to the Plat thereof on file in the office of the clerk of court of Palm Beach County, Florida, in Plat Book 94, Pages 140 and 141. WHEREAS, the City of Boynton Beach has approved a site plan for the development of a restaurant on the Property and, as a part of said approval, agreed to release the Property from the operation ad effect of the Unity of Title encumbering the entire Wal-Mart Shopping Center site recorded in Official Records Book 11757, Page 798, as amended in Official Records Book 11463, Page 1510, public records of Palm Beach County, Florida (the "Unity of Title"). NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. THE CITY OF BOYNTON BEACH, a political Subdivision of the State of Florida BY: Gerald F. Broening, Mayor ATTEST: BY: Janet M. Prainito, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this __ day ofJune, 2002, by , as the Mayor of the City of Boynton Beach, Florida, who did not take an oath. (Notary Seal) Notary Public Commission No. My Commission Expires: Personally Known or Produced Identification Type of Identification Produced STATE OF FLORIDA COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this 2002, by , as the Mayor of the Beach, Florida, who did not take an oath. day of May, City of Boynton (Notary Seal) Notary Public Commission No. My Commission Expires: Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3.2002 [] September 17, 2002 VII. - CONSENT AGENDA ITEM C.12 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl vl Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19. 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned tn to Cit~ Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5. 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Ratify, by resolution, the action of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On July 18, 2002, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on various items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not ratify the Board's actions. Department Head's Signature ! / ~' ty l~ana Signature City Clerk's Office Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTIONS TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON JULY 18, 2002, AS SET FORTH IN EXHIBIT 'A" HERETO; AUTHORIZING CITY WHEREAS, the South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of July 18, 2002, as set forth in the attached Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the actions taken by the South Central Regional Wastewater Treatment &- Disposal Board on July 18, 2002, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ,T: Commissioner City Clerk :caLReso~SCRWTD -071802 EXI-IIB~ "A" 1. Authorization to expend $6,000 from repair & replacement funds on an Cai~nergency basis for Chlorine System PartS Replacement; 2. Authorization to expend $3,500 from repair & replacement funds to replace two (2) caustic pumps; 3. Authorization to expend $9,000 from repmr & replacements funds on an emergency basis for "A" Plant flow Splitter Gate; 4. Authorization to: expend $7,600 from repair & replacement funds on an emergency basis .to replace two (2) Submersible Reuse Pumps; 5. Authorization to increase Widell's Sludge Dewatering Contract for miscellaneous changes for sludge project and aeration tank access ports (Change Order #2) by $28,334.50 for a new total of $1,216,609.50; 6. Authorization :to enter into contract with:H & H LSD, Inc. for Sludge Hauling and Disposal for a one year term with option to renew for an additional two (2) years; 7. $50,000 from repair and replacement funds to repair 8. 000 fro repair and replacement funds on emergency System in south Aeration Basin "A" plant; 9. to establish wastewater user rate to cities for fiscal year 2002/20~3; Operations & Maintenance $0.575/1,000 GAL, Reserves $0.150/1,000 GAL, Total $0.725/1,000 GAL 10. Authorization for acceptance of 2002/2003 wastewater and reclaim O & M budgets and wastewater repair and replacement expenditures (Sinking Fund). RATIFICATION OF SOUTH CENTRAL REGIONAL WHEREAS. the South Central Regional Wastewater Treatment and Disposal Board did on July 18. 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ,~6.000. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS FOR CHLORINE SYSTEM PARTS REPLA CEMENT. WHEREAS, said BOard action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE. the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ~3.500. FROM REPAIR & REPLACEMENT FUNDS TO REPLACE TWO (2) CAUSTIC PUMPS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a' vote of 7-0; approveAUTHORIZATION TO EXPEND .~9,000. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS FOR "A" PLANT FLOW SPLITTER GA TE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ~7,600. ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUNDS TO REPLACE TWO (2) SUBMERSIBLE REUSE PUMPS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEwATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO INCREASE WIDELL 'S SLUDGE DEWA TERING CONTRACT FOR MISCELLANEOUS CHANGES FOR SLUDGE PROJECT AND AERATION TANK ACCESS PORTS (CHANGE ORDER #2) BY ~28,334.50 FOR NEW TOTAL OF ~1,216,609.50. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH H & H LSD, INC. FOR ~SLUDGE HAULING AND DISPOSAL FOR A ONE YEAR TERM WITH OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney L REGIONAL ;AL BOARD ACTION OF JULY 18, 2002 on ional Wastewater Treatment and DiSposal Board did 000. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Deiray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 FROM REPAIR & REPLACEMENT FUNDS ON EMERGENCY BASIS TO REPAIR SANITAIRE SYSTEM IN SOUTH AERATION BASIN "A " PLANT. WHEREAS, said Board aCtion requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and ~Disposal Board did on July 18, 2002, by a vote~of OPERATIONS & MAINTENANCE RESERVES TOTAL 2002/2003 $0.575/1,000 C=AL $0.150/1,000 GAL $0.725/1,000 C~AL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATIONFORACCEPTANCE OF 2002/2003 WASTEWATER AND RECLAIM 0 & M BUDGETS AND WASTEWATER REPAIR AND REPLA CEMENT EXPENDITURES (Sinking Fund).. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney BOARD City Council Members of Boyn~on Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (5611 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrww~p@ix.netcom.com MI::MORANDUM TO: Janet Prainito CITY OF BOYNTON BEACH FROM: Mary Ann Shumilla ~ ~/// DATE: July 19, 2002 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of July 18, 2002 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. Requested City Commission Meetin~ Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEH D.I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8100 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Consent Agent. The Plarming and Development Board with a 6 to lvote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-136. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Medical Arts Professional Center (NWSP 02-009) Anthony Polera, Vitcar Consulting Co., Inc. Hematology Oncology Associates Properties, Inc. NE Comer of Golf Road & Congress Avenue Request new site plan approval for a 42,824 square foot medical facility ha a C-1 zoning district on a 3.197-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ ~ N/A Develo~m~l~ De'~artment Dzrector Planning and Zomg D{irector · ~] ' (3 C~f~y M~g[r's Signature City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPXPROJECTSWIed-Arts Professional Ctr. Golf&CongressLAgenda Item RequestMedical Arts Profi Ctr NWSP 02-009 8-6-02.dot S:~BULLETIIx~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-136 SITE PLAN REVIEW STAFF REPORT PLANNING & DEVELOPMENT BOARD ~ND CITY COMMISSION July 8, 2002 DESCRIPTION OF PROJECT Project Name/No.: Medical Arts Professional Center / NWSP 02-009 Property Owner: Agent: Location: Hematology Oncology Associates Anthony Polera with Vitcar Consulting Company, Incorporated Northeast corner of Congress Avenue and Golf Road Land Use: Office Commercial (OC) Zoning: Project size: Office Professional (C-1) Site Area: Pervious Area: Lot Coverage Area: Total building area: 3.917 acres / 170,624 square feet 28,401 square feet (16.6%) 42,824 square feet (25%) 42,824 square feet Adjacent Uses: North: South: East: West: Proposal: Site Characteristics: (see Exhibit "A" - Location Map) Developed City of Boynton Beach Fire Station #2 with a Public & Private Government:~-'~' Institutional (PPGI) land use classification and zoned Public Usage (PU). Developed sing~r~-' ~' family homes (Leisureville) with a Moderate Density Residential (MoDR) land use classification and zoned Single-family Residential (R-1AA); Golf Road right-of-way, father south is an adult congregate living facility (Homewood Residence) with a High Density Residential (HDR) land use classification and zoned Multi- family Residential (R-3); Developed single-family homes (Leisurevilte) with a Moderate Density Residential (MoDR) land use classification and zoned ~ n~ e-famw r~.~s u~nr. al (R-1AA); Congress Avenue right-of-way, farther west is developed residential (Whaler's Cove) with a Low Density Residential (LDR) land use classification and zoned Planned Unit Development (PUD). Hematology Oncology Associates proposes to construct a one-story 42,824 square foot medical office building on 3.917 acres. All site development will occur in one phase. A medical office is a permitted use in the C-1 zoning district. The subject property is a rectangular-shaped lot located on the northeast corner of Congress Avenue and Golf Road. The parcel, also known as Alhambra Square North, is located directly south of the Leisureville residential development and the City of Boynton Beach Fire Station #2. On October 17, 1989, the City Commission approved the terms and conditions of a Stipulation and Settlement Agreement that directly related to Alham~' Square North. In the Agreement, this property is restricted by four (4) conditions. First,. building height may not to exceed two (2) stodes. Second, the dumpsters are to be located away from the adjacent residential neighborhoods. Third, the construction of the six (6)-foot Page 2 Medical Arts Professional Center Site Plan Review Staff Report Memorandum No. PZ 02-136 high buffer wall shall be coordinated with the governing association of the adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping [o the specifications of the governing association and at no cost to the governing association. Lastly, the parking lot lighting shall be shaded as not to shine directly into residential areas and parking lot lighting shall not be illuminated after 11:00 p.m. (see Exhibit "C" - Conditions of Approval). The existing site is currently undeveloped, relatively flat in contour, and vegetated by field grasses. The site is nestled in an area dominated by residential uses. It is also located within the boundaries of the C-16 Basin of South Florida Water Management District and the Lake Worth Drainage District. Concurrency: a. Traffic. A traffic impact studY for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. b. Drainage- Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions b.e deferred until time of permit review, when more complete engineering documents are required. ~ ~riveways: The subject property fronts on two major roads, namely Congress Avenue and Golf Road. Two (2) points Of ingress / egress are proposed. One will be located along Congress Avenue and the other will be located on Golf Road. According to the survey, a Bellsouth Utility pole is currently located at the center of the proposed Golf Road entrance. Staff recommends either relocating the Bellsouth pole or move the entrance to the east so that there will be no conflict (see Exhibit "C" - Conditions of Approval). Both entrances will have adequate pavement markings and appropriate signage for safety purposes. A landscaped roundabout will be placed near the entrance proposed along Congress Avenue. More explanation of the roundabout will be detailed in subsequent paragraphs. Parking Facility: Parking required for a medical office use is based on the ratio of one (1) space per 200 square feet of the gross t'loor area. A total of 215 parking spaces will be required for the project. The proposed site plan shows a total of 234 parking spaces or a surplus of 19 parking spaces. The parking lots will surround all four (4) building sides. Of the 234 parking spaces, 31 spaces are designated for handicap use. The plan provides an excess of nine (9) handiCap parking spaces, which is very appropriate considering the proposed use of the project. Most of the handicap spaces will be located in the parking areas located on the west side of the building. However, all spaces will be situated in close proximity to the building entrances in order to satisfy Amedcan with Disabilities Act (ADA) requirements. All new standard parking spaces will be angled 90 degrees. The dimensions of the standard parking spaces will be nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. The backup distance for the parking spaces and drive als es will be 27 feet in width. The roundabout w II be located in th~ parking lot west of the building. Patients may be dropped off near the porte-cochere. '--~andscaping: The proposed pervious or "green" area of the lot wilt be 28,401 square feet or 16.6% of the total site. The proposed landscape plan shows at least 115 trees, of which, 64 or 56% will be native. The proposed plan also shows 2,675 shrubs, with 58% of them being'native. Page 3 Medical Arts Professional Center Site Plan Review Staff Report Memorandum No. PZ 02-136 The west and south landscape buffer (along Woobright Road and Golf Road respectively) will be at least seven (7) feet in width. The landscape plan proposes Sweet Mahogany, Crape Myrtle, Ligustrum, landscape bUffer. Also, Boston Fern: will be p land entrance will ~ Cabbage Palm, and Golden Shower trees within the west of Firebush and Jffer. The roundcover. The west side (see The plant species proposed within the southern landscape buffer (adjacent to Golf Road) will be similar to the west landscape buffer. The south landscape buffer will have nine (9) Lig trees. A row of:Redtip Cocoplum hedges and clusters of; will be at the base of each l~ree.: The south project entrance will have two (2)TibouChina ~ signature trees and Firebush and Croton groundcover. The andscaping around the building will consist of Silver Buttonwood and Ligustrum trees, and Alexander Palm trees. Crown of Thomi and sod will be planted along the base of the building. According to.the I:andscape n~ the back-flow preventer will be screened with: a row of Redtip Cocoplum hedges. Holly tree buffers, which as an prol the ghborhoods. The north and east landscape buffers will ibe at least five (5) feet in width. Mature and dense ficus hedges currently exist along the north and east landscape buffers. These hedges will; buffer wall, except along the Fire Station property (-~ east landscape buffer, a row'.,~, ; wall. Closely spaced Dahoon ; north and east landscape These trees coupled with the commercial use from Building / Site: Building for op~ ~nto thi ations will be fully met when staff comments are incorporated into the will be 18 feet in height. feet in height and the top of the standing (6) inches. The C-1 zoning district allow~ The proposed development will have an the entranceway into this interior courtyard. in the space. The courtyard is I fountain. Views would be provided lot shown on elevations). 'Community Design: The reveal.' dUe to the courtyard. 40 - Pe( ;ctural bL style Accor as being "Southwestern", of the exterior (score lines, ss of the bUilding, by "emulating rock posed on the building exterior According to the applicant, ~r walls overlooking the interior to red / brown. The co1¢'-~, Coral, Benjamin Moore #21'~,~ Spice, Benjamin Moore #AC-14 ~hite. Page 4 Medical Arts Professional Center Site Plan Review Staff Report Memorandum No. PZ 02-136 ,~ . ..~? Signage: As proposed, the main wall color will be painted light cream (Benjamin Moore Soft White - #2170-60). All sides of the building will have the same pattern and design of accent colors. The three accent colors will be red/brown, brown, and light cream. The proposed colors are compatible with the colors used in other commercial projects in the immediate area. However, as previously stated, the immediate area is dominated by residential land uses. The proposed building style will neither resemble any other commercial or residential buildings in the immediate area or in the entire City. It should be noted, however, that the existing residential developments immediately to the west of the subject property are heavily buffered from Congress Avenue with heavy and dense landscaping and will be virtually unseen from this proposed development. Although the architectural style of the proposed building dOes not match the style of the adjacent buildings, the propoSed design is unique and will generally enhance the immediate area. However, the proposed color palette as presented to staff {five (5) different pastel colors}, lends itself an appearance that is incompatible with the surrounding natural and built environment and is considered contrary to the City's Community Design regulations (Chapter 9, Land Development Regulations). To: mitigate this incompatible element inherent in the color palette~ staff recommends using one (1) color from the color palette for each large segment of wall. If five (5) different colors are to be used~ staff would also support utilizing less-intense colors: from the same color palette (see Exhibit "C" - Conditions of Approval). The focal point of the building will be located at the front entrance (west elevation) of the building. This focal point will be highlighted with a brown (Buckskin) standing seam metal roof canopy. This roof will cover the open entrance into the interior courtyard of the development. The canopy will extend westward towards the parking lot and partially function as a owever, as the canopy extendS westward, the'angle of the canopy roof to provide the clearance necessary for delive~ or emergency (/ehicles. The elevations ,show that no wall signs are proposed. A freestanding monument sign is pro[ the westem property line. The monument sign detail illustrates that the monu ;ign ,will be four (4) feet- six (6) inches in height at its tallest point, The address will be :at the top of the sign. The area of the sign-face is in compliance with Chapter 21 of the Land Development Regulations, no sign material or colors were submitted with this application. Since this is not shown on the elevations, staff recommends that the future sign colors shall be compatible with the existing signage in the immediate area (see Exhibit "C" - Conditions of Approval). According to the applicant, at night, the sign face (letters) will be il,luminated with spotlights that will shine onto the monument sign. RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S2Planning\SHARED\WP',PROJECTSXMed-Arts Professional Ctr. Golf&CongressXStaff Report.doc Location Map Medical Arts Professional Center EXHIBIT "A" SITE RE R3 PUD ~'~ 600 0 600 1200 Feet EXHIBIT "B" /f Medical Arts Profe~onal C~nmr Horizontal Dimensioning Plan EXHIBIT "B" EXHIBIT "B" EXHIBIT '"B" EXHIBIT "B" CONGRESS AVENUE L MEDICAL ARTS PROFESSIONAL CENTER HEMATOLOGY ONCOLOGY ASSOCIATES BOYNTON BEACH, FLORIDA EXHIBIT "B" MEDICAL ARTS PROFESSIONAL CENTER HEMATOLOGY ONCOLOGY ASSOCIATES BOYNTON BEACH, FLORIDA EXHIBIT "B;' Z MEDICAL ARTS PROFESSIONAL CENTER HEMATOLOGY ONCOLOGY ASSOCIATES BOYNTON BEACH, FLORIDA EXHIBIT"B"' MEDICAL ARTS PROFESSIONAL CENTER HEMATOLOGY ONCOLOGY ASSOCIATES BOYNTON BEACH, FLORIDA EXHIBIT "B" EXHIBIT "B'; Exhibit "C" Co d t ons of Approval Project name: Medical Arts Professional Center File number: NWSP 024)09 Reference: 2na review plans identified as New Site Plan with a July 2, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations w/Il be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(a)). 2. The easements shall be dedicated via separate instrument to the City as X stated in the CODE, Section 26-33(a). FIRE Comments: 3. City Ordinance Section 9,6, 3./7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. 4. Design documents where underground water mains and hydrants are to be X 'provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 5. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. COA 07/17/02 2 DEPARTMENTS INCLUDE REJECT POLICE ~ Comments: None X ENGINEERING DMSION Comments: 6. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. 7. The lighting design shall provide a minimum average light level of one X foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article Il, Section A. 1.a). At the time of permitting, add a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article 1I, Section A. 1 .a). 8. Replace or relocate large canopy trees adjacent to light fixtures to X eliminate future shadowing on the parking surface (LDR, Chapter 23, Article Il, Section A. 1.b). 9. At the time of pem'dtting, new driveways will require permits from the X FDOT and PBC. 10. Provide confm'nation from Palm Beach County Engineering that the X stormwater outfall into their Congress Ave. system is acceptable. 11. At the time of permitting, the fire lane signage and markings shall X conform to the LDR Chapter 23, Article II, Sections B. & M. The three (3) foot high "Fire Lane" words shall be placed along both lanes and staggered. Please note this requirement is applicable to buildings with a gross area greater than 15,000 SF. BUll,DING DMSION Comments: 12. Add to the building that is depicted on the drawing titled site plan a X labeled symbol that identifies the location of the handicap accessible entrance doors to the building and each tenant space. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. COA 07/17/02 3 DEPARTMENTS INCLUDE REJECT 13. On the floor plan drawings, add a labeled symbol that identifies the X location of the handicap accessible entrance doors to the building and each tenant space. The location of the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 14. Place a note on the elevation view drawings indicating that the wall X openings and wall construction comply with Table 600 of the 2001 Florida Building Code. 15. At time of permit review, provide a completed and executed City of X Boynton Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 16. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 17. Add a labeled symbol to the site plan drawing that represents and X delineates the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the building. The symbol shall start at the accessible parking spaces and terminate at the entrance door to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. PARKS AND RECREATION Comments: None X FORESTERfENVIRONMENTALIST COA 07/17/02 4 DEPARTMENTS INCLUDE REJECT - Comments: 18. The trees noted on the master plant :list must be a minimum of 12 feet in X height and three (3) inches is diameter at time of planting. : Ci "si ature trees" near the ingress/egress X 19. The plan does not show the ty gn sites. Provide si~ature trees at these areas. PLANNING AND ZONING Co,,ments: 20. The buffer wall must have stucco on both sides. Indicate by note that this X will be provided. Also, staff recommends that the style of the buffer wall be enhanced with details such as cornices, columns, and multiple color tones. 21. The Ligustrum trees shall be installed at least 12 feet in height. X 22. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping / hedge material (Chapter 9, Section 10,CA.). 23. Stipulation and Settlement Agreement: The building height shall not X exceed two (2) stories. 24. Stipulation and Settlement Agreement: All dumpsters to be located away ~ X from adjacent residential areas. 25. Stipulation and Settlement Agreement: Construction of the six-foot X zoning boundary wall shall be coordinated with the governing association of the adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association at no cost to the governing association. 26. Stipulation and Settlement Agreement: Parking lot lighting shall be X shaded so as to not shine directly into residential areas, and parking lot lighting shall not be illuminated after 11:00 p.m. Staff recommends that the lighting fixtures proposed along the north and east property lines should have reflectors installed on them so that light is directed towards the parking lot and building and away from the residential neighborhoods. 27. The landscape plan tabular data incorrectly indicates that 240 parking X spaces are provided. The landscape plan must match the site plan and COA 07/24/02 5 DEPARTMENTS INCLUDE REJECT indicate the correct amount (234 spaces). 28. Include the proposed Boston Fern (NE3), Florida Coontie (ZF) and X Tibouchina granulosa (TB) in the landscape plan plant list. 29. Staff recommends using one (1) color from the color palette for each X large segment of wall. If five (5) different colors are to be used, staff would also support utilizing less-intense Colors from the same color palette. 30. Staff recommends that the color of the proposed standing seam metal X awning be compatible with the S-tile roof color of the Homewood Residence. 31. Staff recommends adding more trees within the proposed landscaped X islands located at the building's front entrance (west). 32. Staff recommends extending the landscape strips (currently proposed X along the building sides) around to the front corners, up to but not to interfere with the accessibility ramp. Landscape these new areas with both tall and medium height tree species. 33. Regarding the proposed entrance along Golf Road, staff recommends X either relocating the Bellsouth pole or move the entrance to the east so that there will be no conflict 34. The monument sign, proposed within the west landscape buffer must be X at least 10 feet from the property line (Chapter 21, Article IV, Section 2.B.). Also, the color of the monument sign shall match one (1) of the building colors. 35. The directional signs proposed in the landscaped roundabout may not X exceed four (4) feet in area, nor five (5) feet in height (Chapter 21, Article IV, Section 2.F.). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 36. The site shall meet and exceed the minimum landscape requirements. X 37. The buffer wall must have stucco or be made ofprecast concrete on both. X sides. Indicate by note that this will be provided. Staff also recommends that the style of the buffer wall be enhanced with details such' as cornices, columns, and multiple color tones. COA 07/24/02 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COM~SSION CONDITIONS : Comments: 38. To be determined. MWR/sc S:\PIanning\SHARED\WP\PROJECTS\Med-Arts Professional Ctr. Golf&Congress\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Medical Arts Professional Center APPLICANT'S AGENT: Anthony Polera, Vitcar Consulting Co. Inc. APPLICANT'S ADDRESS: 4685 South Congress Avenue, Suite 200 Lake Worth, FL 33461 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval for a 42,824 square foot medical facility on a 3.917 acre parcel. LOCATION OF PROPERTY: Northeast corner of Golf Road & Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the require ments of the City's Land Development Regulations. The Applicant .. HAS HAS NOT established by substantial corn petent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WFSPROJECTS\Med-Arts Professional Cir. Golf&Con~ress\DO.doc City Clerk Requested City Commission Meetin~ Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEH D.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Cierk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City comrmssion Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Cm.miission Agenda under Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-135. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Monahan & Monahan (NWSP 02-010) Dale Meaux, A.P.I. Group, Inc. Sean Monahan NW 7t~ Court and Boynton Beach Boulevard Request new site plan approval for a 1,809 square foot office building in a C-2 zoning district on a 0.22-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develat~fne~t D~p~tr~i~n~ Director Planning and Zoning Iyirector City Attorney / Finance / Human Resources S:~PlanningXSHARED\WPXPROJECTSLMonahan & MonahanXaNWSP 02-010~genda Item Request Monahan & Monahan (NWSP 02-0t0) 8-6-02.dot S:\BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-135 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD ANI)CITY COMMISSION July 12, 2002 DESCRIPTION OF PROJECT Project Name/No.: Monahan & Monahan/NWSP 02-010 Property Owner: Sean Monahan Applicant/Agent: Dale Meaux, A.P.I Group, Inc. Location: Boynton Beach Boulevard and N.W. 7th Court (Lot 1, Deierl Park SubdNision). Land Use/Zoning: Local Retail Commercial/C-2 (Neighborhood Commercial District) Type of Use: Professional offices Project size: Site Area: Building Area: Lot Coverage: 0.22 acres (9,583 square f~et) 1,809 square feet 19.96% Adjacent Uses: (see Exhibit "A" - Location Map) North South Single-family residential development, zoned R-l-A; Boynton Beach Boulevard right-of-way, and farther south is Waffle House restaurant, zoned C-2; East - Wendy's restaurant, zoned C-2; and West and a vacant undeveloped parcel, zoned C-2 and farther west a dental office building (Affordable Dental Centre), zoned C-2. Site Characteristics: The site is a vacant, rectangular-shaped lot, overgrown with grasses. The site is cleared and contains a row of Australian pines along the north property line and a Mahogany tree on the east propertyline. Proposal: The developer proposes to construct a one (1) story, 1,809 square foot office building located on a 0.22-acre lot (see Exhibit "B" - Proposed Site Plan). The proposed building height is 23 feet - 6 inches, which is below the 25-foot maximum allowed in the C-2 zoning district. Concurrency: a. Traffic- b. Drainage- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has not received confirmation from Palm Beach County's Traffic Division regarding standards compliance (see Exhibit "C" Conditions of Approval). Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending'that the Page 2 Monahan & Monahan- Site Ptan Review Staff Report Memorandum No. PZ 02-135 Driveways: Parking Facility:. Landscaping: Building and Site: Community Design: review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of one (1), new driveway entrance measuring 24 feet wide providing ingress and egress from N.W. 7th Court. A two-way drive aisle: provides access to the parking area located to the north of the building. This driveway ~s proposed to :be located approximately 80 feet from the intersection of N.W. 7th COurt and Boston Beach Boulevard. The Land Development Re! total of (9) 18'). uire a minimum of one parking space lg this ratio, the required number of square feet of gross floor area of office space, uired. However, the applicant proposes a ~ces :for the proposed use, including one (1) space use along the northern portion of the site. All spaces, .~e,will be dimensioned nine feet by eighteen feet (9' x The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 3,628 square feet or 38% of the total site. The front (soUth) landscape buffer along Boynton Beach Boulevard will be 30 feet in width and will contain one (1) dry retention area. Within this buffer, Foxtail Palm, Carpentaria Palm, Pygmy Date Palm, Perrigrina, Pink Ixora, and Yellow Lantana are proposed. The project perimeter landscaping includes a 5-foot wide buffer along the northern (rear) property line. This buffer includes a variety of trees (Sabal Palm, and Mahogany) p aced a minimum of 30- feet on center and a continuous hedge of Red tip. c(~c°plum hedges. HOwever, the applicant Will provide the required six (6) foot masonry wall along the northern property line of the site to separate the office use from the adjacent single-family zoning district. Along the side (east) perimeter buffer the landscape plan proposes Chalcas hedges and Sabal Palm trees. An existing Mahogany tree will be preserved within this buffer. The project entrance located on the western property line will be enhanced with colorful plantings and will contain three (3) Tibouchina Granulosa trees, which is greater than code requirements for signature trees. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and site regulations will be fully met when staff comments are incorporated into the permit dra~ngs. The proposed Monahan & Monahan building design is primarily a Spanish / Mexican style, one-story structure with red concrete roof tile (Monier Cherokee Red SM/S C/T IBACS 7128). The entire building, particularly the fac,,ades facing the rights-of-way, have been designed to enhance the overall appearance along Boynton Beach Boulevard and N.W. 7~h Court. The exterior walls of the proposed structure will have a smooth stucco finish painted yellow in color (Benjamin Moore 2020-50 Mellow Yellow). The surface of the lower portion of the building will be painted brown (Benjamin Moore 2106-40 Cougar Brown) supplemented with Mexican tile trivet (Madposa Tile). The accent trims will be white (Benjamin Moore 2121-60 White Diamond). Additional features such as white decorative medallions, score lines and molded arches framing each window are incorporated to enhance the appearance of the building. The Page 3 Monahan & Monahan -Site Ptan Review Staff Report Memorandum No. PZ 02-135 proposed front fa(;ade will have a double door entry with a covered porch facing Boynton. Beach Boulevard. The building height of 23 feet - 6 inches, s be ov~ the maximum requirement of 25 feet for the C-2 district. This proposed design offers similarities with other buildings in' the immediate area. For example, the red (2) other pposite the Signage: One (1) wall On the sign the 05/1: on the south elevation. (6'-4") wide freestanding Boulevard with the property Monahan & Monahan logo. ~ts similar to those of g sign comply with ight as set forth in the Land 3oted that the sign detail on the color rendering dated RECOMMENDATION' Staff recommends that th s site plan request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. The ~echnical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS\Monahan & Monahan\NWSP\Staff report NWSP-02-010.doc · n Locat~o Map Monahan & Monahan EXHIBIT "A" R3 ~EACH BL~ 300 0 300 600 Feet ................. .. EXHiRiT~,,B,, \ "',\ J Beach Boulevard ~. ~.~,.~ tB,~ur~ L-'~ I ,'L, (Lake ,~,,,,.~'~,~ F'~' ~qat.) .... ~L~ ,: Ii Fi i i I i I r- EXHIBIT ."B" LRC I_OOAL I~-rAL OOMME~:::IAL EXHIBI 0 APl GROUP, INC. EXHIBIT "B" I I i i ~ i I: / I L_ / / 12dl'~,~ HIL '¢tl'N / / / / / I AP! GROUP, INC. G EXHIBIT "B" LDR LRC lOCAL F~-'rAL PAVllG & GR&DING Pt,JUl EXHIBIT "B" AP! GROUP, INC EXHIBIT"B" Ii: APl GROUP, INC. /J!~i--' j JlJJJ J"J ~J EXHIBI' IIBII : ! EXHIBIT ~'B" 1 EXHIBIT "B" 0 EXHIBIT "C" Conditions o£ Approval Project name: Monahan & Monahan File number: NWSP 02-010 Reference: 2nd review plans with a July 2, 2002 Planning & Zoning date stamp marking. , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The scale specified on the survey is not correct. Unable to determine scale X used for drawing. 2. At time of p~ermitting, define the retention pond(s) overflow point/elevation X once required storage requirements have been met (the point from the site to off-site). Staff recommends setting the overflow point at the midpoint of the west pond on to NW 7th Ct. 3. Provide an engineer's certification on the drainage plan as specified in LDR, X (Chapter 4, Section 7.F.2) at the time of permitting. 4. At time of permitting indicate to what standard the project is to be X cons~'ucted; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 5. Correct discrepancy between water service size(s) on Sheet C-1 (5/8" or 1") at X time of permitting. Show irrigati°n meter. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT I I BUILDING DIVISION Comment~q: 6. Add to the building that is depicted on the drawing titled site plan a labeled X symbol that identifies the location of the handicap accessible entrance doors to the building. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 7. On the floor plan drawing, add a labeled symbol that identifies the location of X the handicap accessible entrance doors to the building. The location of the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right of way or easement. See comment #14. 10. At time of permit review, submit for review an addressing plan for the X project. Add to all plan view drawings of the site a labeled symbol that represents the location and perimeter of the limits of construction proposed with the subject request. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan 11. The trees noted on the plant list-overall site plant list must be minimum of 12 X feet in height and three (3) inches in diameter at time of planting. 12. The plan shows the City "signature trees" as shrubs three (3)-four (4) feet in X height near the ingress/egress sites. Revise the specifications. PLANNING AND ZONING Comments: DEPARTMENTS INCLUDE REJECT 13. A traffic impact statement meeting the Traffic Performance Standards of X Palm Beach County Engineering shall be required prior to issuance of building permit. 14. The placement of the two proposed parking spaces along the eastern property X line (labeled 1 and 8) and backup area encroaches into the utility easement. This will require Engineering Division's approval. 15. Provide a detail or typical of all outdoor freestanding lighting fixtures. The X detail must include the pole material, height, and color. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F. 1 .). The light pole located along the north property line shall have a reflector to prevent spilling on the adjacent property. 16. On the Site Plan under "Project Data" provide the parking formula for this X office use- 1 space per 300 square feet. Also indicate the number of spaces "required" and "provided". 17. Correct the inconsistency between pages SPA-1 and A-2 regarding the X monument sign dimensions. Page SPA-1 shows a width of five feet and four inches (5 '- 4") while page A-2 shows six feet and four inches (6'- 4"). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Monahan & Monahan\NWSP 02-010\Condition of Approval 2 page revised 2002 form.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Monahan & Monahan Dale Meaux, A.P.I. Group, Inc. 111 E. Pa Imetto Park Road Boca Raton, FL. 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval for a 1,809 square foot office building in a C-2 zoning district on a .22 acre parcel. LOCATION OF PROPERTY: NW 7th Court & Boynton Beach Boulevard SEE EXHIBIT "B" ATTACHED HERETO. DRAWING(S): X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS~lonahan & Monahan\NWSP 02-010~DO.doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14. 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-138. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Tri-Rail Expansion (MSPM 02-004) George E. Thomas, Turner Associates Tri-Rail Commuter Authority 2400 High Ridge Road Request for Major Site Plan Modification approval for a 18,812 square foot expansion of an existing rail station in a PID zoning district on a 2.28-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: _ N/A D tory ' i l~rector f ~ k ~it2)~lglana~, s Signature City Attorney / Finance / Human Resources SSPIanningXSHARED\WPXPROJECTS\TRI-Rail ExpansionXAgenda Item Request Tri-Rail Expan (02-004) 8-6-02.dot S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC Project Name/No.: Property Owner: Applicant/Agent: Location: Land Use: Zoning: Type of Use: Project Size: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-138 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION July 11,2002 DESCRIPTION OF PROJECT Tri-Rail Expansion'/MSPM 02-004 Tri-Rail Commuter Rail Authority George E. Thomas with Tri-County Rail Constructors 2400 High Ridge Road (Lot 90 Quantum Industrial Park) Industrial with a Governmental/Institutional (G & 1) designation on the Quantum Park DRI Master Plan Planned Industrial Development (PID) Adjacent Uses: Commuter Rail Expansion Site Area: Landscaped Area: Actual Building Area: Platform #1: Platform #2: Towers/Overpass: Total: 2.28 acres (99 225 square feet) 20,600 square feet 8,000 square feet 8,000 square feet 2,812 square feet 18,812 square feet Site Characteristics: Proposal: (see Exhibit "A"- Location Map) North Boynton Beach Distribution Center with an Industrial (I) land use classification and zoned Light Manufacturing (M-l); South Vacant Lot 91 Quantum Park PID with an Office / Industrial / Commercial Quantum Park DRI land use designation and zoned Planned Industrial Development (PID), father south is Gateway Boulevard right-of-way; East Interstate 95 (I-95) right-of-way; West High Ridge Road right-of-way, farther west is vacant Lot 85 Quantum Park with a Mixed Use Quantum Park DRI land use designation and zoned Planned Industrial Development (PID). The subject property is located within the Quantum Park PID. The existing station is approximately 10,000 square feet in size. A service agreement between Tri-Rail and CSXT has established operating windows along the corridor. Tri-Rail has exclusive rights of operation between 5:20 a.m. and 9:30 a.m. and between 3:00 p.m. and 8:00 p.m. The South Florida Rail Corridor (SFRC) "Segment 5" projeCt involves the final portion of/the. double tracking program that includes approximately 46 miles of track construction various station improvements. ' Page 2 Tri-Rail Expansion - Major Site Plan Modification Memorandum No. PZ 02-138 The station improvements include demolishing existing facilities and constructing two (2) new platforms connected by a pedestrian crossover structure. A sidewalk connecting the existing parking lot to the west platform facility will provide access to the station. Concurrency: a. Traffic- A traffic study for this project was submitted to the Palm Beach County Traffic Division. The Palm Beach County Traffic Division has not yet determined if the project meets the Traffic Performance Standards of Palm Beach County. This review and approval will be required prior to the issuance of a building permit (see Exhibit "C" -.Conditions of Approval). b. Drainage- Conceptual drainage information, was provided for the City's review. Runoff from the platform canopies will be collected in gutter systems, Runoff from the platform currently drains to an existing storm water management system located entirely within the corridor right-of-way. No discharge occurs outside of the right-of-way at this location. As proposed, runoff from the platform decks will be collected in trench drain systems. The gutters and trench drains will carry the runoff to piping systems platform structures, which will outfall t0the north and south into swales. The Er lng Division is recommending that the review of specific drainage solutions be deferred until time of permit review.. Driveways: On April 18, 1995, the City Commission approved a variance request (PKLV 95-001) to construct four (4) driveways onto a right-of-way. The subject site was approved to allow a driveway for the parking lot, one driveway for the Kiss 'n' Ride drop-off, one driveway for the bus drop-off, and one driveway for the employee parking area. These driveways exist and will not be altered as a result of the proposed expansion. Parking Facility: The Land Development Regulations do not specifically address parking requirements for the Td-Rail facility. The subject site currently contains 335 parking spaces, of which 19 spaces are designated for handicap use (see Exhibit "C" - Conditions of Approval). According to Tri-Rail, 30% of the existing parking spaces are usually occupied. Based on their technical report, they found that there is currently sufficient parking to meet the demands of future increased ridership through year 2015. Therefore, no additional parking spaces are required: for this expansion. Staff recommends that in the future, if there is insufficient parking to meet the demands of Tri-Rail passengers at this location, that Tri-Rail shall reevaluate the parking situation and add additional parking spaces. Landscaping: Building and Site: The landscaping of the site will fully meet code requirements when staff comments are incorporated. Furthermore, landscaping enhancements are proposed, including foundation plantings and groundcover. This landscaping consists of 233 Spider Lily, 125 Purple Lantana, and 120 Simpson Stopper. The landscape plan also proposes a row of 13 Royal Palm trees at the project entrance. These palm trees will be installed at 16 feet overall height. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The level at which the building height ~s measured is from the midpoint of the pitched roof. The proposed building height will be 44 feet - 4 inches in height (see Exhibit "C" - Conditions of Approval). According to the plan labeled "Platform Plan", there will be over 14 trash receptacles and 24 steel benches. Each platform will have the following accessories: Steel benches, waste receptacles, telephone booths, station signs, identification signs, directional signs, stair sign, noteboard, and a pamphlet rack. Page 3 Tri-Rail Expansion - Maior Site Plan Modification Memo randum No. PZ 02-138 The entire station will haVe the following accessories: Two (2) flagpoles, dedication plaq~.~:, r~r~ entrance sign, bicycle racks, station signs on cross-over. The majo tyext , p p ty Community Design: ' ri er or surface of the ro osed fac wou d be a ght sand blast fin sh on pre-cast concrete. The decorative elements will have a heavy sand blast finish. The accent colors will be with a clock is proposed on the roof on the car Iication sign). The entire roof and stairwells) will have a crossover bridge will on the bridge will be many of the Signage: will have one (1) new station identification signs; one (1) sign ti and informational ect must be reviewed and (ARC) (see Exhibit "C" - RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "¢c,.~ ¥~ Conditions of Approval. The TechniCal Review Committee (TRC) recommends that the deficiencies identified in this. exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WP\PROJECTS\TRI-Rail Expansion~staff report, doc Location Map TRI RAIL Expansion EXHIBIT "A" NIC R1 ~ ! N DUS-TRIAL' WA~¥ PID 600 1200 Feet EXHIBIT "B" EXHIBIT "B" EXHIBIT "'B" 0 Date t=loff'~a~: JUNE 12, 2002 10:OOAM EXHIBIT "B" ~0 zo o~ -o> z° ~o ~ 'ql _3 - [] - - [] - [~,al~a Pfo~'e~: J!JN~ 12. 20~2 10;00AM EXHIBIT "B" rd '"n ¢ r- ~ Z~ £1-um x. EXHIBIT "B" EXHIBIT "B" o f~ F" *1 91l~Y. C.C~5~TIC~ E:~;;:L~IENT5 - NOT ~ T iiBiI EXHIBIT "B" L_ I I x x x × x x × x JUNE 12. 20~2 IO00AM EXHIBIT CZ JUNE 12. 200~ 10:00AM ~3 r- ~0 m33 "00 Z~ EXHIBIT "B" Usec TURNEFI ASSO(~IATF_S EXHIBIT "B" ©©©@© EXHIBIT "B" Da~t~ Pfotte~: JUNE 12.20(32 EXHIBIT "B" ~c © C~ Z L.'\]OlO31~,Eiectrc'x, Pack~ge #1%Boyn(on% -~h*-EOC¢dwg 05/2~/'02 10:¢2 erisa.alfonso IIII / ~ _"~ ~ I ~',_ ~ ~ ~ .~ ~ , , , ,,~ ~1 ~ ~-+ o.~ J m ~ z*ll~i~ , , z II + o o i , : . ~; ~.. : .,~,-. ,,~, ....... I ' ~.~'~i~: :~,/~ · --~ :~ I , I '-~ ~ ~ m . ~ "~l~l - - .... / ........ ,~ .... --~-~ .................. , ~,~ : :=%1 _-. g ~ , - ~[ ~. - : k. tl.......... ,'~-. ' . ~, ~ ~i.~ " ' ~ ~:~" ' ' ri ~ 'I: ' ~'~ ~ : ~'~" . · BIT "B' EXHIBIT "C" Conditions of Approval Project name: Tri-Rail Expansion File number: MSPM 02-004 Reference: 2nd review plans with a July 2, 2002 Planning & Zoning date stamp marking. I DEPARTMENTS' [ INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X X Comments: None I POLICE Comments: None X ENGINEERING DMSION Comments: 1. At the time of permitting, provide a photometric plan, including pole wind X loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 5.B.7, Chapter 23, Article II, Section A, and Florida Building Code. Although not required until the time of permitting, please provide this information as part of your TRC plan. 2. Various plan sheets show new drainage facilities (e.g.: SH-A019 and X "Preliminary Drainage Plan"). A drainage plan, in accordance with the LDR, Chapter 4, Section 7, is required as part of the Major Site Plan Modification submittal. The proposed drainage plan should reflect all storm water management proposed for the project. The preliminary drainage plan shows only surface drainage and does not incorporate proposed underground facilities partially depicted on Sheet SH-A019. Provide confn'mation that changes to the site (additional impermeable area) will not impact, negatively, the existing drainage system into which it is being directed. 3. The plans indicate proposed concrete sidewalk, concrete retaining walls, new X fencing, and new fire hydrant(s). At the time of permitting, indicate to what standard the work is to be constructed. . Conditions of Approval BUILDING DIVISION Comments: 4. Add to the building that is depicted on the drawing titled site plan a labeled X symbol that identifies the location of the handicap accessible entrance doors to the building. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 5. On the floor plan drawing, add a labeled symbol that identifies the location of X the handicap accessible entrance doors to the building The location of the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 6. Add a labeled symbol to the site plan drawing that represents and delineates the X path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the building. The symbol required to be installed along the path shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the: plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in comphance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida AccesSibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 7. Identify within the site data the finish floor elevation (lowest floor elevation) that X is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 8. Indicate on the site plan within the floor area of the new and existing building X the primary use of the structure/facility. 9. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. Add to the submittal a partial elevation view drawing of the proposed perimeter X fence. Identify the type of the fence material and the type of material that supports the fence, including the typical .distance between sUpPorts. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade, ~e location and height of the fence shall comply with the fence regulations specified in the Zo~g Code. : 1t. The 2001 Florida Building Code, Plumbing, mandates minimum sanitary X facilities for this type of occupancy. Review Section 403.1 and Table 403.1 and submit detai[q .qhnwing compliance with the 2001 Florida Building Code. 12. The transportation facility shall complY with Section 11.10 1 of the 2001 Florida X Building Code. 13. If the irrigation system is supplied by an existing well, a modified water use X permit shall be required from South Florida Water Management District. PARKS AND RECREATION Comments: None X ; FORESTER/ENVIRONMENTALIST Comments: X 14. The north and west area perimeter and preserves shall bc maintained in X accordance with ~he Phase 1 Preserve Areas Management Plan. 15. Remove the exotic trees and vegetation that have over grown the native Scrub X Ecosystem. The native trees and vegetation that have died since the Phase 1 I p!antings mu~qt be replaced throughout these two preserve areas. 16. There were five (5) existing trees on the East perimeter of the site that have been X cut down and must be replaced on the site. ~ a) 24-inch diameter Sand Pine tree. b) 12-inclt diameter Sand tree. c) 10-inch diameter Sand Pine tree. : d) 6-inch diameter Slash Pine tree. e) 4-inch diameter Slash Pine tree.. 17. There are dead trees and plants and sod in the parking lot landscape islands, X which mn.qt be replaced with this phase of the project. 18. All existing trees removed from the site must be replaced else~vhere on the site. X This should be shown on the plan. 19. The existing and new irrigation system should provide 100% coverage of the X landscape materials. ' PLANNING AND ZONING CommentS: Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 20. The site plan sheet labeled "SIt-A005" incorrectly identifies the number of X existing parking spaces. When counted, there are a total of 335 parking spaces (19 handicap spaces). This discrepancy must be corrected. ' 21. The traffic study must be approved by the Palm Beach County Traffic Division ~ X prior to the issuance of a permit. 22. If required, prior to the issuance ora building permit, the project must be X reviewed and approved bY the Quantum Park Architectural Review Committee (a~XC). 23. Staffrecommends that in the future, if there is insufficient parking to meet the X demands of Tri-Rail passengers at this location, that Tri-Rafl shall reevaluate the parking situation and add additional parking spaces. 24. On the elevations and site plan tabular data, indicate not the overall building X height but the height as de~med by the city of Boynton Beach Land Development Regulations. 25. Staff recommends that signs indicate, "Welcome to Boynton Beach" or X "Gateway to the Gulfstream" or both be placed on the exterior of the trash receptacles. 26. Staffrecommends that, if possible, that the station amenities such as the trash X receptacles and steel benches shall be painted Victor Stanley "New Teal" to match the #977 Moss accent color to blend in with the preferred City colors. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS2 Comments: 27. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 28. To be determined. S:\Planning\SHARED\WP\PROJECTS\TRI-R~il Expansion\COA.doc PROJECT NAME ' APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Tri- Rail Expansion George Thomas, R.A. Turner Associates 201 S. Orange Avenu6 #250.Orlando, FL. 32801 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification approval for a 18,812 square foot expansion of an existing rail station in a PID zoning district on a 2.28 acre parcel. LOCATION OF PROPERTY: 2400 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city ad ministrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial corn petent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning~SHARED\WP\PROJ ECTS\TRI-Rail Expansion\DO.doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] DevelOpment Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Busmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Consent Agenda. The Conununity Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Depmhnent of Development Memorandum No. PZ 02-109. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (NWSP 02-006) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23r~ Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request new site plan approval for 17 townhomes on a 1.62-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A De~iop'men~ Department Director Planning and Zor~mg Director City Attorney / Finance / Human Resources SSPlanning~SHARED\WPXPROJECTS~SHOWCASE CONTRACTORSXKensington Place f.k.a. Showcase TownhomesXNWSP-02-006~Agenda Item Request Kensington Place NWSP 02-006 8-6-02.dot City Manager's Signature S:xBULLETINXFORMSX, AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-109 SITE I COMMUNITY REDEVELOPMENT A (Revised) June 11, 2002 COMMISSION DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Applicant/Agent: Location: Kensington Place / NWSP 02- 006 Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. S.E. 23rd Avenue, east of the F.E.C. Railroad Current Land Use/ Zoning: Proposed Land Use/ Zoning: Type of Use: Project size: Adjacent Uses: Proposal: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) High Density Residential (HDR) / Planned Unit Development (PUD) Multi-family Residential Site Area: No. of Units: Lot Coverage: Density: 1.615 acres (70,340 square feet) 17 0.39 acres (16,687 square feet) 10.53 du/ac (see Exhibit "A" - Location Map) North Developed multi-family residential, zoned C-2; South - Los Mangos Patio Villas / Townhomes zoned R-3; East - Developed single-family homes, zoned C-2; West - F.E.C. Railroad right-of-way, farther west is a medical office building under construction, zoned C-2. Vince Zabik, applicant and developer for Kensington Place, proposes to construct 17 townhouse units in two (2) separate buildings on a 1.62-acre parcel (see Exhibit "B" - Proposed Site Plan). The first building to be located immediately at the end of the entrance drive 'along the south property line is composed of eleven (11) units. A second building, located along the eastern property line, would contain six (6) units. Each building would be two (2) stories high and contain three-bedroom, two and a half (2 1/2) bathroom units. In addition, since the existing zoning (C-2) or land use does not allow multi-family units, a land-use amendment / rezoning application (LUAR 02-003) is being processed concurrently with this site plan. Page _~ Kensington Place - Site Plan Staff Report-Revised Memorandum No. PZ 02-109 Site Characteristics: The subject property is one (1) rectangular-shaped parcel totaling 1.62 acres. It is currently pre-cleared and is predominately vegetated with a variety of overgroxvn grasses. The southernmost portion of the parcel is bounded by overgrown ficus hedges and trees located on the abutting developed property. Concurrency: a. Traffic- b. Drainage- Driveways: Parking FaciliW: Landscaping: A traffic statement for this project was submitted and sent xo the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certificati!on at time of site plan approval. The Engineering Division is recommendingi that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. There is one (1) main entrance proposed for the development located along the northern border of the site on S.E. 23rd Avenue. The entrance is 24 feet wide and provides one ingress and one egress drive aisle. The applicanti is proposing one interior driveway measuring 24 feet in width providing circulation east to west within the project. Since the project is within the Community RedeVelopment Agency boundaries, the required backup distance for parking lot drive aisles is reduced from 27 feet to 24 feet in width. A total of 34 parking spaces are required for the proposed use based on the ratio of two (2) spaces per residential unit. The applicant is providing 40 spaces. The additional parking will accommodate guests. The proposed parking area is located in the northern portion of the site. Each space will be dimensioned nine (9) feet in width by 18 feet in length. No handicap spaces are provided on this site plan, as each of the proposed units will be sold on a fee-simple ownership basis. Fee simple:ownership presents the same charaCteristics as a single-family dWelling. The Land Development Regulations do not require handicap spaces for single-family dwellings. The landscaping of the site will fully meet code requirements when staff comments are incorporated. The proposed pervious or "green" area is 35,137 square feet or 49.95% of the total site. North and west landscape buffers are provided as required by code. These buffers will be seven (7) feet in width and contain an array of vegetation. This primary landscaped buffer, immediately south o~ S.E. 23rd Avenue will contain 12 Live Oak trees spaced 30 feet apart with a solid row of Thryallis hedges. A secondary front landscape buffer will separate the proPosed parking area from S.E. 23rd Avenue. This landscape buffer will also have eight (8) Coconut Palm trees spaced 30 feet apart with a solid row of Silver Buttonwood hedges. However, the entranceway of the proposed project will have two (2) Coconut Palm trees with Page 3 Kensington Place - Site Plan Staff Report-Revised Memorandum No. PZ 02-109 Ixora planted at each tree base. The lone dumpster enclosure located near the west property line will have landscaping on all three (3) sides, Extensive foundation plantings are proposed for both townhouse buildings~ ~At the front of the buildings, the bt . t rights-of-ways, properties and units additional ion landscaping material inCluding trees at the end of the buildings (see Exhibit "C"- Conditions of Approval). Building and Site: Building and site regulations wilt be fully met when staff comments are incorporated into the permit drawings. Only one (1) type of unit layout is proposed for both buildings. The unit will be 1,526 square feet in area. The first floor will include the living room, dining room, kitchen with breakfast area and a master bedroom suite, while the second floor provides the remaining twobedrooms with a loft. Community Design: wilt have a maximUm height of 25 feet measured to of rOof. The proposed buildin a traditional design. The appearances of the greater buildings will be fffset or "in/out" pattern of the individual units or groups of units. They will have stucco facades painted Custard (Behr lB11-2)I as the predOminant base color. The accent color, which includes the trim fascia andl horizontal accent lines, will be painted :Moondrop (Behr lB11-1). The roof ~ill be constructed o shingles, staff recommends incorporation of elements such as windows, shutters, and those found in the ( . projects along Federal lack of an establish architectural character withi~ the area, the proposed proj ect~ will offer an opportunity to create an archiiectural stYle, which will bl beneficial and preferable fo~: this redevelopment area of the city~ Signage: No project signs are proposed. Any future signage will require separate review and approval. RECOMMENDATION:: Staff recommends that this site plan' request be approved contingent upon the approval of the concurrent land use/rezoning requests and all other comments included in Exhibit "C' - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning\SHARED\WPXPROJECTS~HOWCASE CONTKACTORS\Kerisington Place £k.a. Showcase TownhomeshNWSP-02-006\STAFF REPORT.doc Location Map Kensington Place (fka Showcase Townhomes) EXHIBIT "A" U.D c3i C3 200 0 200 400 600 Feet 1 REVISED EXHIBIT "B" i KENSINGTON PLACE_ I.,~ ~ "~ ~' ....... - -- -- -~'"'-~'~-~ REVISED EXHIBIT "B" ii J I EXHIBIT'"B"] EXHIBIT "B" BI , EXHIBIT "B' - ; .. ~ l,i~ 'i*i '' ' !il ~l~g,, ,* ,?, ;.. ,.~....~ EXHIBIT :'B" I1 :Il> z EN$1NGTON PI~CE EXHIBIT :'B" .... ~.. f · EXHIBIT "C" Conditions of Approval (Revised) Project name: Kensington Place File number: NWSP 02-006 Reference: 2n~ Review plans with a May 28, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the X water and sewer laterals serving this project (CODE Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE Section 26-16(a).) 3. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. One is available at the front-center of the property, a second one will be necessary to satisfy the fire flow cOndition noted above. Please demonstrate that the plan meets this condition, by showing all hydrants. FIRE Comments: 4. Provide water flow test data (call 742-6600 to schedule test) indicating the X relocated hydrant can provide a minimum of 1500 gpm @ 20 psi. (LDR Chapter 6, Section 16). 5. The relocated hydrant must be in service before vertical construction can X begin. Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Access to the construction site by emergency vehicles must remain available X at all times. Roadways must be hard-packed and unobstructed. Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Dernolition Operations, Section 5-4.3. POLICE Comments: NONE X Conditions of Approval (Revised) 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION ' Comments: 7. Per the LDR, Chapter 4, Section 7.A., show north arrow, written and X graphic scale, zoning, land use, and all easements on the site survey. Also depict all existing natural and man-made features. 8. A five (5) foot wide sidewalk is required, and shall be placed one (1) foot X north of the north property line (LDR, Chapter 6, Article IV, Section 10.T, and ChaPter 22, Article I, Section 5). Provide detail(s) for the sidewalk crossing at the railroad. 9. Show on the site and preliminary site engineering plans the proposed site X lighting (LDR, Chapter 4, Section 7.B.4.). On the lighting plan~ specify that the light poles shall withstand a 110 MPH wind load. Add a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (L~)R, Chapter 23, Article ID. Add a note that the lighting design shall provide a minimum average of one foot-candle lumen at ground 10. A lighting plan including photo metrics, pole wind loading, and pole details X in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time :of permitting..If possible please provide this information as part of your TRC plan submittals - it is much easier to identify and correct any deficiencies now than while you are waiting on a permitl 11. The grading plan provided does not consider the flow pattern generated by X the existing terrain. The proposed grading plan would direct all overflow off the south side of the property. Existing patterns direct flow about equally to the north and the south. To correct the given plan Staff recommends: a) construction of a swale on the north side of the parking lot; b) move exfiltration system to the east, disconnecting Catch Basin "C"; 'c) place a new catch basin, connected to the relocated exfiltration system, in the north swale; and direct ~the west building dOwnspouts to the west retention pond and the east building downspouts to the north retention pond. These steps should allow overflow to the north and south in accordance with the historic pattern. 12. Provide a typical section for the drainage swale. X BUILDING DIVISION Comments: DEPARTMENTS , INCLUDE REJECT 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building(s). Verify that the proposed elevation is in compliance with regulation of the code by adding specifications to the site dam that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall ad the following text to the site data. "The proposed finish floor elevation __ __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 14. At time of permit review, submit signed and sealed and working drawings X of the proposed construction. 15. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 16. The proposed use for this project is not permitted in the C-2 zoning district. X Rezoning and Land Use Amendment is required for PUD designation. 17. The site plan must identify the Future Land Use and Zoning District X designations of the adjacent properties. 18. On the site plan's tabular dam, indicate the proposed building setbacks for X the PUD zoning district. 19. The site plan must show the location of fire hydrants X 20. The site plan must include a complete tabular dam including the fOllowing X elements: a) The maximum height allowed in the zoning district; b) The proposed height of the structure; Conditions of Approval (Revised) 4 DEPARTMENTS INCLUDE ~ REJECT 21. Provide a note on the standard parking space detail showing all dimensiOns X in accordance with drawing No. B-90012. 22. The site plan as proposed does not set forth any prOvisiOns'in regard to the : X location, size, limitation for accessory structures. Provide:this information : on the site plan. ' 23. Provide a typical drawing that includes the height and color / material of all X propOsed freestanding lighting pOles. 24. Site lighting must satisfy the minimum average light level of one (1) foot X candle (Chapter 23~ Article II, A.1 .a.). 25. Dimension the entrance drive on the landscape plan. X 26. Revise the project name to "Kensington Place" on sheet 2 of 2. Project X name should match on all pages. 27. Include a 24" x 36!' color (clipped, not penmnently mounted) rendering of X all elevations prior to the Community Redevelopment Board meeting. , 28. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 29. Revise the elevati°n drawings to show all four (4) building sides of each X proposed buildingi 30. Revise the plant materials tabular data to show that shrubs shall be planted X at a minimum twenty-four (24) inches in height and twenty-four (24) inches in spread. Tree species (excluding signature trees) shall be a minimum of twelve (12) feet oVerall in height with a minimum caliper of three (3) inches. 31. On the landscape plan label the ten (10) foot site triangles at the X entmuceway (ChaPter 7.5, Article II, Section 5.H. 1.). 32. Label and dimension required landscape buffer on the site plan and X landscape plan. 33. Show the proposed off-street parking area on the landscape plan to match X site plan. 34. Landscaping at project entrance shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5~ Article II, Section 5.N.). Include these on the landscape plan. Note that signature trees do not contribute toward the total number of required perimeter trees. 35. The buildin~ design shall be comt)atible with the surroundin~ built X DEPARTMENTS INCLUDE REJECT environment. Review the use of the asphalt shingle roof. (Ch.9, Sec. II, A. & B.).Staffbelieves that the proposed project constitutes an opportunity to de~relop a great example for this particularly urban area. Staff recommends incorporating architectural elements such as those found in Other new residential projects along Federal Highway to enhance the overall character of the proposed building. 36. No signage was submitted with these plans. Any proposed sign will require X separate review and approval. 37. Revise the site plan show the new 1 O-foot rear setback for this project. X 38. Adjust the landscaping accordingly, to meet the revised rear setback for this X project. 39. Enhance the exterior elevation at the end of each building by adding X architectural features such as windows, shutters, or other architectural elements to break up the expanse of open wall area on the building facades. 40. Additional foundation landscaping material including trees at the end of the X buildings is recommended to enhance the buildings fagade as seen from adjacent rights-of-ways, properties and units. Staff recommends incorporating clusters of Sabal-Palm or the use of Live Oak, along with lower species such as Giant Crinum Lily. 41. Relocate the landscaping and trees along the south property line to within X the 1 O-foot rear setback for this project to prevent removal or inconsistent relocation in conjunction with the future addition of screen enclosures, pools or other rear yard improvements. 42. On the landscape plan, label correctly the landscaping material (i.e. shrubs, X trees) to properly identify each species. 43. Revise engineering plans to match the new site layout on sheet A-1. X 44. This project shows inconsistency in the plans submitted. Revise and correct X all pages to reflect the recommendations of the June 11, 2002 meeting of Community Redevelopment Agency Board prior to issuance of building permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS 45. Condition #35 shall be revised as follow: The building design shall be X compatible with the surrounding built environment. The Board recommends the use of flat or "S" tile and not asphalt shingle for the roof material. 46. Condition #40 shall be revised as follow: Additional foundation landscaping X material including the use of tall shrubbery such as Live Oak or Bird of Paradise as part of the landscaping clusters at the end of the buildings is recommended to enhance the buildings facade as seen from adjacent right- of-ways, properties and units. Conditions of Approval (Revised) 6 v INCLUDE REJECT DEPARTMENTS , , : 471 To enhance the end of the buildings, rev/se the elevation to incorporate X shutters and raised stucco banding. 48~ Revise the proPosed offset of the building with the new staggering scheme; X starting wi~h t~vo up, two back, three up, ~wo baek, and tw{; ~ap fo~ a 2°2-3- 2-2 pattern. ADDITIONAL CITY COMMISSION CONDITIONS ' Comments: To be determined. SSPlanning\SHARED\WFAPROJECTS\SHOWCASE CONTRACTORS\Kensington Place(fka Showcase Townhomes)\NWSP-02-006\cond. of approval 2001-Revised 07-11-02.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME & ADDRESS: Kensington Place APPLICANT'S AGENT: Vince Zabek, Showcase Contractors, Inc. APPLICANT'S ADDRESS: .505 NE 3rd Street Delray Beach, FL. 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: New site plan approval for 17 townhouses on a 1.62 acre parcel. LOCATION OF PROPERTY: SE 23 Avenue, east of F.E.C Railroad DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATE D: City Clerk j:\SHRDATA\Planning\SHARED\WP~PROJECTS\SHOWCASE CONTRACTORS\Showcase Townhomes\NWSP-02-006\Develop. Order Form-2002-Revised.doc VTI'.-CONSENT AGENDA I'TEH E.2. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORIvl Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in ~o City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda und~ Consent Agenda, as tabled to the August 20, 2002 meeting. The Community Redevelopment Agency Board with a vote on July 9, 2002, recommended that the subject request be tabled to go back to the Community Redevelopment Agency Board on August 13, pending receipt of more information from the applicant. For further details pertaining to the request, see attached Department ofDevelopment Memorandum No. PZ02-105. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: M&L Roofing (MSPM 02-003) Riza N. Altan, P.E. Mel Lowe 630 Industrial Avenue Request for a major site plan modification to add 8,283 square feet to a 2,275 square foot existing light industrial warehouse building for a total of 10,558 square foot on a 0.64- acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develop~~'r Planning and Zorr[ng Director City Manager's Signature City Attorney / Finance / Human Resources S:~IanningkSHARED\WPXPROJECTSWI&L RoofingXAgenda Item Request MSPM 02-003 M&L 8-6-02.dot S:'~BULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC COMMU ¸'S NITY RE DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-105 May 30, 2002 Project Name/NO.: Property Owner: Agent: Location: Land Use: Zoning: Project size: Adjacent Uses: North: South: East: West: Proposal: Site Characteristics: Concurrency: a. Traffic- M&L Roofing / MSPM 02-003 Mel Lowe Riza N. Altan, P.E./Turquoise Incorporated 630 Industrial Avenue Industrial (I) Light Industrial (M-l) Site Area: Lot Coverage: Existing building: Proposed bu ildin,q:' Total building area: 27,930 square feet (0.64 acres) 10,558 square feet (37.8%) 2,275 square feet 8,283 .square feet 10,558 square feet (see Exhibit "A"- Location Map) Developed property (Ridgeway Plumbing) with a IndUstrial (I) land use designation and zoned Light Industrial (M-l); Developed property (Migano Landscaping) with a Industrial (I) land use designation and zoned Light Industrial (M-l); C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; Industrial Avenue right-of-way, farther west is developed property (Warehouse) with a Industrial (I) land use designation and zOned Light Industrial (I). Mel Lowe proposes to construct a one-story 8,283 square foot addition to an existing 2,275 square foot one-story warehouse building for a total of 10,558 square feet. The new addition will be used for warehouse area. Warehouses are permitted uses in the M- I zoning district. The subject property is a irectangular shaped lot located on the east side of Industrial Avenue. Currently, the western third (1/3) of the subject lot is developed with a building and its respective parking ; area. The original building is 2,275 square feet in area and was built in 1984. According to City records, the business is currently licensed as a contractor. The eastern two-third (2/3) of the lot is undeveloped and contains overgrown vegetation. The exterior portions of the property are used for the storage of large amounts of mechanical equipment (strewn across the lot), work trucks, and miscellaneous debris. According to the survey, the highest elevation is 17.2 feet above sea level, located towards the rear (east) of the vacant portion of the lot. A traffic impact study for this project was submitted and sent to the Palm Beach Page 2 M&L Roofing - Major Site Plan Modification Staff Report Memorandum No. PZ 02-105 b. Drainage- Driveways: parking Facility: Landscaping: County Traffic Division for their rewew and approval. The Palm Beach County Traffic Division has not yet determined that the project meets the Traffic Performance Standards of Palm Beach County. This determination Will be required prior to the issuance of a building permit for the addition (see Exhibit "C" - Conditions of Approval). Conceptual drainage information was provided for the City's review. The plan will incorporate the use of a French Drain system. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. This project will use the existing main access point off of Industrial Avenue. This point of ingress / egress will ,remain intact at 25 feet in width. Also, all existing landscape material will remain in its current condition. Where necessary, all landscape material located within the safe-sight triangles will be cleared, removed, or trimmed according to City standards so that the triangles provide unobstructed cross-visibility. Any additional or required signage or striping (stop bar / arrows) at this entranceway will be prepared according to code requirements. According to the plan, seven (7) parking spaces currently exist at the western portion of the property near IndUstrial Avenue. P~rking required for the project is based on a ratio of one (1) parking space per 500 square feet of gross floor area, which is the minimum required for manUfaCturing Uses. Since 10,558 square feet are proposed (2,275 square feet of existing space plus the 8,283 square 'foot building addition), a total of 22 parking spaces are required. Of the 22 parking spaces that will be provided, one (1) space is ~i, use. All existing and proposed parking spaces will be 90 degrees~ ioned nine (9) feet in width by 18 feet in length, except for which,will be 12 feet in width (with 5 feet of striping) by 18 feet in length, pr0jeCt is within the Community Redevelopment Agency (CRA) the backup distance for the new parking spaces may be reduced from 27 feet to 24 in width (over 41 feet will be provided). The plan could have provided more spac but instead, proposes two (2) more interior landscaped islands, in part, because Pi Works determined that no dumpster would be required for the project as proposed, r~ a space within the proposed row of parking has been designated as reserved for the fire vehicle turn-aroUnd area. This element of the plan has been. endorsed and City Fire Department. This space was not included in the proposed r link fence runs along the perimeter of the property.i fro~nt entrance. This gate will have an electroni key pad will have 4 or 5 numbers only and the entry code will be approved in by the Fire Marsha . If the power fails, the gates will automatically open~ .a, nd ~remain open. The rolling chain link gate and fence shall comply with ChaPte~ 2, Secbon 4.J. of the Land Development Reguations. The width of the existing west landscape buffer adjacent to the Industrial Road right-of- way complies with current landscape code. This landscape buffer currently contains mature trees and overgrown ,hedges. The Mahogany trees will count toward meeting the minimum number of. trees on-site. As previously statedi, the landscape material in this buffer will be undisturbed unless the proposed improvements require its alteration. Page 3 M&L Roofing - Major Site Plan Modification Staff Report Memorandum No. PZ 02-105 The north landscape buffer (abutting industrial zoned property) will be two (2) feet - six (6) inches in width. This buffer will contain the existing shrubs at the western portion of the prop immediately where the islands and a cluster of ,~ of the bu ding expansion. The M-1 zoning bud ng is currently two (2) feet fro interior landscape )art The existing ~ed ng the line rear) property ine will ~gh to accommodate s es. Building / Site: Community ! Similar 'oposed addition will be one-stow high. The maximum hei! additions in the M-1 zoning district is 45 feet =or 4 stodes. The top of the wall for the 3n will be 19 feet - six (6) inches iht. The north side of the building addition will At this time, the intent of the project is to Construct ' '3n for subdividing into condomini:ums out to individual tenants. The applicant understands that converting =ility ;(individual tenants) would necessitate ; would need to be upgraded it Regulations, Florida/~-''~'' as requiring a trash'-. appropriate easements, and eR poss and The mai ght-of-way. warehouse buildings The color and Ihe existing building. (Benjamin Moore doors will face north Signage: RECOMMENDATION:' Staff recommends Conditions of A in this exhibit be corrected on the set of plat nts included in Exhibit "C" - ',hat the deficiencies identified xc: Central File S:',Planning\SHARED\WPLPROJECTS'xM&L Roofing\Staff Report.doc Map M & L ROOFING EXHIBIT "A" o 4oo 8OO ,Il 1200 1600 F~t BI /'"~ EXH! T~ B TURQUOISE,.--..,~----, ~,--.~ ,,,~. · ,~,-. Inc. EXHIBIT "B" TURQUOISE, Inc. EXHIBI~ "B". Project name: M & L Roofing File number: MSPM 024)03 EXHIBIT "C' Conditions of Approval Reference: 2~ review plans identified as Major Site Plan Modification file # 02-003 w/th a May 10, 200?, Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. City Ordinance (CODE, Chapter 10) requires that arrangements be made X with the Public Works Department for any waste disposal associated with this site plan. Please contact the Public Works Department (561-742-6200) regarding the storage and handling of refuse. Roll-out trash pickup will be allowed in lieu of a dumpster and enclosure. The applicant represents that use of roll-out pickup is adequate to meet the needs of this commercial establishment now and in the future. No more than two (2) roll-outs will be allowed for this site, to coincide with the one utility service provided. The applicant acknowledges that changes to this, site and building use, resulting in an increase in trash volume and/or building occupancy, will require re- evaluation of the need for a dumpster and enclosure. Should said changes occur in the future it will be the sole responsibility of the applicant to provide the needed facilities (Le. dumpster and enclosure). Multiple roll- outs for multiple tenants shall not be allowed. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE section 26-16(a)). FIRE. Comments: None X POLICE Comments: None X COA 07/12/02 2 INCLUDE REJECT DEPARTMENTS, . . ENGI~E~G DIVISION Comments: 3. A lighting plan including photo metrics, pole wind loading, and pole details X in conformance with the LDR, Chapter 6, Article IV, Secti°n 11, Chapter ! 23, Article 1, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. If possible please provide this information as part of your TRC plan submittals - it is much easier to identify and correct any deficiencies now than while you are waiting on a permit. 4. At the time of permitting, specify inlet types, etc. on drainage plan. Indicate X invert elevations for all structures. Indicated grade of storm Sewer segments. Provide details for proposed inlets (LDR, Chapter 6, Article IV, Section 5.A.2.f). G BUll~DIN DMSION Comments: 5. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to each tenant ~ space. The symbol that is required to be installed along the path shall start at i the accessible parking spaces and tenuinate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind Parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 6. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following COA 07/12/02 1 DEPARTMENTS INCLUDE REJECT text to the site data. "The proposed finish floor elevation __ NGVD ~ is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management ~ District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 7. Indicate on the site plan Within the floor area of the new and existing X building the primary Use of the: stmcture/facili .ty. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. At time of permit review, submit for review an addressing plan for the X project. 10. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. PARKS AND RECREATION Comments: None X FORESTER Comments: None X PLANNING AND ZONING Comments: 11. Prior to the issuance of a building permit, the project must receive approval X from the Palm Beach County Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. 12. The designated Future Land Use is Industrial (I) and zoning district for the X subject property is Light Industrial (M-l) and should be indicated as such in the site plan tabular data. COA 07/12/02 4 DEPARTMENTS INCLUDE REJECT 13. The survey (or site plan) muSt'identi~ the Official Zoning District and : X Furore Land Use: designation for:the adjacent properties (Chapter 4~ Section . A.3.). 14. Provide a detail of propoSed outdoor lighting stmcture(s)~ including the X dimensions, color, and material. ' : 15. Include a color rendering of all elevations prior to the.Community X Redevelopment Agency meeting (chaPter 4, Section 7 D.2.). 16. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers, shall be viSUally ~creened (Chapter 9; Section 10.C.4.). Equipment placed on the Walls of the building shall be painted to match the building col°r. . ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 17. Eliminate comment #111 X 18. Recommends further analysis of the placement of the "parking space" X dedicated to emergency vehicle turnaround. If endorsed by the City Fire Department, the Board recommends relocating the emergency vehicle turnaround area eastward to end of the row of parking spaces (to be located at spaced labeled #22). 19. The applicam shall provide a color chip to the staff of Planning and Zoning X of the proposed building paint color and, if possible, a visual representation (color rendering) of the color that matches the paint chip. 20. The applicant will provide a mansard roof on the north elevation and to the X West elevation (of the building addition) to match the existing building. ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 21. Tobe determined. S:\Planning\SHARED\WP\PROJ ECTS\M&L Rooing\C0A.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: CITY OF BOYNTON BEACH, FLORIDA M & L Roofing Riza N. Altan, P.E. / Turquoise, Inc. 1253 Okeechobee Road, SuiteA-2 West Palm Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 630 West Industrial Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 33401 X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant .. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial corn petent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP~PROJECTS\M&L Roofing\DO.doc City Clerk Requested City Commissmn Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM E.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] October 1, 2002 September 16, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] November 19, 2002 November 5, 2002 (N~on) ;-. -: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-128. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Sunbelt Hydraulics (NWSP 02-008) Joseph Houston, Kerns Construction C & C Realty Investments West Industrial Avenue, Lot 9 of Boynton Beach Industrial Park North Request new site plan approval to construct a 12,480 square foot, one-story industrial building, with related parking on a 1.44-acre parcel for a business, which services truck bodies. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zoning Director / City Manager's Signature City Attorney / Finance / Human Resources SSPIanningkSHARED\WPLPROJECTS\Sunbelt HydraulicskAgenda Item Request Sunbelt Hydraulics 845-02. dot S:LBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02'128r SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Applicant/Agent: Location: Land Use/Zoning: Type of Use: Project Size: June 25,2002 Sunbelt Hydraulics/NWSP 02-008. C & C Realty Investments. Mr. Joseph Houston, Kerns Construction. Lot 9 of Boynton Beach Industrial Park North. Light Industrial/M-1. Industrial/Warehouse. Site Area: 1.44 acre (62,730 square feet) Lot Coverage: 0.29 acre (12,480 square feet) Adjacent Uses: Site Characteristics: Proposal: Concurrency: a. Traffic- (See Exhibit "A" - Location Map) North Developed property (Dock & Deck Lumber Company) with an Industrial land use designation and zDned Light Industrial (M-l); South - Vacant property with an Industrial land use designation and zoned Light Industrial (M-l); East - C.S.X. Railroad Right-of-Way; and West West Industrial Avenue right-of-way, farther west are developed single-family homes with a Low Density Residential designation and zoned R-1-A. The site is currently a pre-cleared, 0.633-acre lot. It is predominately vegetated with a vadety of overgrown grasses. There is no other vegetation of any significance.- The subject property is surrounded by other industrial uses, and zoned M-I. The north property line of the subject property is screened by a chain link and wood fence. The developer is proposing the construction of a 12;480 square foot, 22 foot high, one-story industrial building, with related parking for a business which services truck bodies (See Exhibit "B" - Proposed Site Plan). No traffic statement for this project was submitted. A traffic study must be submitted and sent to the Palm Beach County Traffic Division for their review and approval. The project must meet the Traffic Performance Standards of Palm Beach County prior to Page 2 Sunbelt Hydraulics Site Rlan Review Staff Report Memorandum No. PZ 02-128 issuance of a building permit. b. Drainage- Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. Driveways: The subject property proposes one point of ingress/egress off of West Industrial Avenue. This driveway is located to the southwest of the site. The intent is to share a driveway with the lot to the south. A 50-foot opening is shown on the plans with 18 feet off-site on lot 8. The Engineering Department is recommending that the driveway dimension be 48 feet total, with 24 feet allocated to each separate lot. A signed cross-access agreement between Sunbelt Hydraulics and the property owner of the adjacent parcel to the south is recommended to share the entrance driveway access-way between the two sites. These recommendations are included in Exhibit "C" Conditions of Approval. The proposed on-site traffic circulation system consists of one (1), two-way drive aisle 25-feet wide, extending from the western to the eastern property lines. Since the project is within the Community Redevelopment Agency boundaries, the required backup distance for parking lot drive aisles is reduced from 27 feet to 24 feet in width. Parking Facility:. The parking spaces required for the proposed project have been tabulated based on the ratio of one (1) space per 500 square feet of gross floor area, which is required for manufacturing and industrial uses. A total of 25 parking spaces including two (2) handicap spaces are allocated for the entire site. All spaces, except the handicap space will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheel stops. The proposed project is providing three (3) 12-foot wide by 35-foot long loading areas located in the eastern portion of the site behind the building. Landscaping: Building and Site Regulations: Community Design Plan: The landscaping of the site will fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is 18,080 square feet or 28.8% of the total site. The project perimeter landscaping includes a 7-foot wide buffer along the southern (side) property line. A 50-foot wide drainage easement with a 10-foot wide Florida Power & Light easement are located along the western (front) property line. Buffer plantings include trees placed a minimum of 30- feet on center and a continuous hedge of varying species. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and site regulationS will fully meet code when staff comments are incorporated into the permit dra~ngs. The proposed building facade, as viewed from the south elevation (see Page 3 Sunbelt Hydraulics Site Plan Review Staff Report Memorandum No. PZ 02-128 Exhibit "B"), is standard of the typical one-story steel industrial structures constructed in this M-1 zoning district. The proposed rectangular-shaped blue metal wall sheeting. The will be painted ash gray on a These doom are si not be visible from Industrial Avenue, The roof panels will be galvalUne or gray in color. Signage: (1 & area and ons, Chapter 21. g 52 square any's name, and one Sunbelt Hydraulics zed wall ldards including in the Land Development RECOMMENDATION: The Planning and Zoning Division recommends that this request for site plan approval be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Staff also recommends that the deficiencies identified in this Exhibit "C" be corrected on the set of plans submitted for building permit. xc: Central File \\CH~MAIN~SHRDATA'~=lanning~SHAREEAWI=~PROJECTS~Sunbelt Hydrautics~NWSF~Site [,lan staff relx)rt, doc Location Map Sunbelt Hydraulics EXHIBIT "A" --PID ary ~0 8~ 12~ PU 1~0 F~t EXHIBIT "B" .... ,./N¢~.T\iNDUSTRIAL AvE. _ _ ._'/'¢,. ]-~ ~ ......... ,'-"~-/F- -]] Z~ - ;=~ CSX RAILROAD ~ O ~ ; ~} ,''I SUNBELT H~RAUUCS j ~ ~ ~J~ WEST INDUS~IAL A~NUE KERNS CONSTRUCTION wEST LNDLSTRIAL AVE F CSX RAILROAD R/W SUNBELT H~RAUDCS JWEST INDUSTRIAL A~NUE KERNS CONSTRUCTION EXHIBIT "B" ,I F WEST NDU~-TRIAL AvE WA TER/WASTEWA TER PLAN WEST INDUSTRIAL AVENUE 80YNTON BEACH. FLORIDA CSX R-Ar_RO AD z l"';'-"~" ~ -13 KERNS CONSTRUCTION ~CUNN[NGHAM ~ DIJRRANCE I i / Il t i! i ' EXHIBIT "B" Project name: Sunbelt Hydraulics File number: NWSP 024)08 EXHIBIT "C" Conditions of Approval Reference: 2~d review ~lan~ identified with a June 18, 2002 Planning & Zoning date stamp mark/ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTiLITiES Comments: 1. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, at stated in the LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, X whichever is greater (see CODE Section 26-16(a)). In addition, the LDR Chapter 6, Article IV, Section 16 requires that all points of the building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition by showing all hydrants. 2. Any water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of twelve (12) feet. X These easements shall be dedicated via separate instrument to the City as stated in CODE Section 26-33(a). FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: 3. Provide an engineer's certification on the drainage plan as specified in the X LDR, Chapter 4, Section 7.F.2. 4. Depict sight triangles on the site and landscape plans (LDR, Chapter 7.5, X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Article II, Section 5.H. Site triangle should be placed at theproperty line on the site plan. This maybe provided at the time of permitting. 5. Provide details for handicap parking in accordance with City Standard X Drawing B298001. This may be provided at.the time of pmttin~, . 6. Reconfigure driveways to 48 feet total width ( 24'either side of prOperty line) X two- 4 foot handical~ accessible paint'ed rOUtes are inclUded in the 54 foot measurements. BUILDING DIVISION Comments: 7. At time of permit review, submit signed and sealed working drawings of the X prOPosed construction. 8. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. An environmental review permit is required. Apply for an environmental X review permit prior to issuance of building permit. 10. A traffic impact statement meeting thc requirements of Palm Beach County X Engineering shall be required prior to issuance of building permit. 11. Correctly show the site triangles on the site plan. X 12. Provide a detail of the proposed outdoor lighting structure(s), including the X dimensions, color, and material. 13. Provide a detail that includes the materials and color of the monument sign. X Colors and materials for the sign must be approved by the Planning and Zoning Division, prior to issuance of a building permit. Also provide the property address at the top of the monument sign. DEPARTMENTS INCLUDE REJECT 14. The base of the monument sign shall be enhanced with colorful groundcover X plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article Il, Section 5.0.). 15. All required trees shall be at minimum 12 feet overall height and 3 caliper X inches when planted (Chapter 7.5, Article II, Section 5.C.2.). 16. All above ground mechanical equipment such as exterior utiIity boxes, X meters, and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. Place a note on the site plan indicating this requirementl 17. This project will require a cross access agreement for the shared driveway X w/th the property to the south (Lot 8) prior to issuance of a building permit. 18. If there are any off-site improvements, specifically on Lot 8, the project will X require an agreement / owner authorization. 19. The shared entrance drive is greater than the 32 feet permitted by Code. X Approval of the Director of Development is required. (Ch. 23, Art. Il. H.) 20. On the Landscape plan, correct the plant list by replacing "LO" (Live Oak) to X "PP" (Pigeon Plum). 21. Landscaping at project entrances shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article 11, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees. 22. The front landscape buffer adjacent to West Industrial Avenue shall contain two layers of plant material. The first layer shall be a combination of colorful X groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The 2nd layer shall consist of a continuous hedge or decorative site wall. The continuous hedge (2nd layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip-to-tip spacing immediately after planting. The hedge shall be maintained at four (4) feet. If a decorative site wall is used, it shall be constructed not less than three (3) feet in height (Chapter 7.5, Article II, Section 5.D.). 23. The site plan depicts a median/island at the entrance of the proposed project, X which is not shown on pages 2 of 3 and 3 of 3. Please address accordingly. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 24. Recommendation was made for applicant and staff to work together to X include a landscape maintenance agreement for the shared, five-foot Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT landscape strip along the south property line. ADDITIONAL CITY COMMISSION CONDITIONS , Comments: , : 1. To be determined. S:\Planning\SHARED\WP\PROJ ECTS\S unbelt Hy:lraulics\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ' CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Sunbelt Hydraulics APPLICANT'S AGENT: Joseph Houston, Kerns Construction APPLICANT'S ADDRESS: 2720 Windsor Avenue, West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval for a 12,480 square foot industrial facility in an M-1 zoning district on a 1.44 acre parcel. LOCATION OF PROPERTY: Lot 9 of Boynton Beach Industrial Park North DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 4 The conditions for develcpment requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Sunbelt Hydraulics\DO.doc VII.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOt av Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] October 1, 2002 September 16, 2002 (No0h~ [] October 15, 2002 September 30, 2002 (NobnZ% [] November 6, 2002 October 14, 2002 (Noon) [] November 19, 2002 November 5, 2002 (Noo[K~.~ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (see attached Memo #02-063). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account No. 501-0000-365-01.00 Account Description Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories~h3~e costs which could conceivably impact operations due to doWn time for repairs. ]ffeputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Jeffrey Livergood, Public Works Director Bob Lee, Fleet Administration Hoyt Johnson, Finance Department S:~BULEETIN~ORMSLatGENDA ITEM REQUEST FORM.DOC File DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 02-063 RECEIVED JUN 2 0 2002 PROCU~-~ To: Via:: From: Date: Subject: Bill Atkins, Deputy Finance Director Procurement Jeffrey Livergood, Public Works Director Robert H. Lee, Fleet Administrator June 18, 2002 Surplus Resource Sale Fleet Maintenance has several units that need to be removed from service; please see the listing below for those vehicles. We are requesting commission approval for the sale of these units. Please note that this sale will be conducted through a nationwide listing on the Intemet. 0066 1994 Ford F700 / Petersen Loader 1FDXK74C2RVA32546 0067 1994 Ford F700 / Petersen Loader 1FDXK74CORVA32545 0089 1995 Mack . MR690S/EzZ Pack 1M2K185C5SM006021 0092 1993 Mack RD690S / E-Z Pack 1M2P264CORM015468 0113 1985 Ford F700/18' Flat / Dump 1FDXK74NOFVA69074 0140 1985 Ford F700 5YD/Dmp 1FDWK74N8FVA34892 0179 1989 Ford LN8000/Vac-Con 1FDYR82A2LVA10500 0194 1993 Ford P71 / Crown Victoria 2FACP71W8PX143624 . 0645 1990 Chevrolet G20 - Cargo Van 2GCEC25HSL4143724 0691 1987 Dodge Aries 4Dr 1B3BD36D1HF297668 4021 2000 Ford P71/CrownVictoria 2FAFP71W8YX161314 4704 1997 Ford P71 Crown Victoria 2FALP7IW7VX143286 8532 1997 Ransomes 725 Riding Mower 9467010183 8539 1997 National Riding- 3 Reel Mower 1392 If you have any questions or need any additional information, please contact me at Ext. 6215 or my Paula at Ext. 6205. PL/RHL/pl VII.-CONSENT AGENDA ITEM G.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORrvl Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW Clerk's Office [] October I, 2002 September 16, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report [] November 6, 2002 October 14, 2002 (Noon) I I November 19, 2002 November 5, 2002 (N}~fi) RECOMMENDATION: Approve the donation from monies received from Local Confiscated Funds to The Juvenile Transition Cemer, Inc. of Boynton Beach, in the amount of $5,000.00. EXPLANATION: The Juvenile Transition Center has requested a donation for sponsorship for the Encouraging Students Through Education, Employment, & Mentoring. This donation complies with FlOrida Statute 932.7055(4)(c). PROGRAM IMPACT: Without the donation The Juvenile Transition Center will have difficulty funding their projects this year. FISCAL IMPACT: Local Confiscated Funds are available m account 691-5000-590-04-54. ALTERNATIVES: aaent Head's Signature Police I~Partment Name ~~ignamre City At~ey / Finance / Human Resources S:X~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC OFFICERS Stephanie Mingo-McKoy, President Carl G. McKoy, Vice-President At the Ezell Hester Community Center 1901 N. Seacrest Boulevard Boynton Beach. Florida 33435 July 8, 2002 BOARD OF DIRECTG .... Lester Lockett, Chairman Christopher Deliso, Secretary Priscilla B. Maloney, Treasurer Boynton Beach Police Department Attn: Ch/efMarshall Gage 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ~ENERAL INFORMATION OrganizaEion: Mailing Address: Physical Address: Project Name: The Juvenile Transition Center, Inc. P.O. Box 4102 Boynton Beach, FL 33424 1901N. Seacrest Blvd. Boynton , FL 33435 Encouraging Students Through Education, Employment, and Mentoring (ESTEEM) Stepfm~ie Mingo~ McKoy, PreMent CarlG. MaKoy, Vice-President B oardof D irec tors Le. ster Loc.~t ~., Cf,~r~ C~tr~opber De~o, Secretary Pr~cia~ B. ~, Treasurer PURPOSE OF THE GRANT REQUEST To provide educational and recreational services to aid in the elimination of juvenile delinquency. Structured activities will be offered on an on-going basis which include but is not limited to, assisting the ESTEEM participants in the developmental stages of creating, and implementing a family-oriented community project and weekend incentives to Universal/Disney/SeaWorld/Medieval Times/Busch Garden Theme parks. Fostering a positive environment for our youth will encourage postive outcomes while keeping them focused and productive. PROGRAM DESCRIPTION The Educational/Recreational Prevention component will concentrate on the following: Seminars-Valuing Differences,Getting Acquainted with the Law, Personal Effectiveness, Racism, Crime Prevention. Motivational speaker-Embracing all cultures. Educational experiences-Orlando, FL, Photography &Art creative captions and independent activities. The outcome of this grant will highlight crime Prevention, academics, work ethics, and the Arts. The strategic premise of the aformentioned exercises is to mitigate the chances of the ESTEEM participants from engaging in any future criminal activity. Other elements of the ESTEEM program will focus on the development of the proper work ethics and academic remediation. Students can earn as much as $300 (stipends) for regular program attendance and program performance. The Juvenile Transition Center inEends to provide a comprehensive continuum of activities to aid its participants in a seamless transition from school-to-work, and in many cases, from school-to-university. The Juvenile Transition Center is committed to developing it's participants by challenging them academically. Providing the tools necessary to generate productive contributing members of society. ESTEEM GOALS 80% of ESTEEM participants will refrain from criminal activity and participate in community-oriented activities by police documentation, by June 30, 2003. o 80% of ESTEEM youth will participate in a minimum of six educational/ recreational enhancement seminars scheduled by June 30, 2003. ESTEEM Prevention Project Budget Request ESTEEM Youth Stipends(MortUary rewards) ESTEEM Youth Supplies, Incentives, Equipment *All requested funds will be used directly on ESTEEM youth. TOTAL REQUEST $2,300 $2,700 $5,000 Thank you for your committment on this request and, your continued community support. Sincerely, ~te~h~e Iviingo..McKoy ~ ' ~ ' ~ Requested City Commission Meetinz Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VIII. - CITY MANAGER'S REPORT CITY OF BOYNTON BEA( ITEM n AGENDA ITEM REQUEST Fb m- Date Final Form Must be Turned in to City Clerk's Office July [7, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19. 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in ro City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement [] City Manager's Report [] New [] Legal [] Unfinishei [] Presentati RECOMMENDATION: Review recommendations of Recreation and Parks opportunities related to proposed Palm Beach County parks and cultural facilities bond issue Commission is being requested to reviexv the recommendations for each of three County by motion, for the City Manager to communicate the City's priorities to the Palm Beach EXPLANATION: The Palm Beach County Board of Commissioners has authorized a parks and cultural facilities. The City's Recreation and Parks Board and the City staff projects from our Five-Year Financial Plan and have prepared a located within the Corporate limits of Boynton Beach. These recommendations are oLthe County Commission Districts affected (District #3 - Commissioner Warren Newell; £ McCarty; and District #7 - Commissioner Addie Greene). PROGRAM IMPACT: Funding will allow these projects to move forward. FISCAL IMPACT: There xvill be some local match requirements for the projects depending Palm Beach County Board of Co~a~issioners. Specifics are to be determined. ALTERNATIVES: Fund the projects locally per the original Five-Year Financial Plan. Department Head's Signature Department Name City Attorney / FinanCe S:\BULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Parks Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 (561 ) 742-6226 FAX: (561) 742-6233 Email: wildnerj@ci.boynton-beach.fl.us July 29, 2002 Gerald Broening, Mayor City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 SUBJECT: Priority Projects To Be Considered For a Possible PB County Bond Issue Dear Mayor Broening: At our recent Recreation and Parks Advisory Board Meeting City Manager Kurt Bressner suggested that we forward a list of projects to you for consideration by Palm Beach COunty in their proposed Bond Issue for Parks and Cultural Affairs. We have listed the projects by County Commission District. Since parts of three County Commission Districts are located within our City, we are optimistic that we will receive strong consideration from each of the Commissioners involved. The projects are listed below: Commissioner Addie Greene's Distdc! 1) Completion of Senior Center including acquisition of parcels in the area for parking .2) Southeast Neighborhood Park - Development of phase I 3) Wilson Center Commissioner Mary McCarty's District 4) City Club at Intmcoastal Park 5) Jaycee Park Commissioner Warren ewell s Dmtrict 6) Meadows/Nautica Sound Park Our board recommends that the city forward request documentation to Palm Beach County at the earliest appropriate opportunity. Thank you for your consideration. Sincerely, Elizabeth Pierce, Chairperson Recreation and Parks Board Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager John Wildner, Parks Director Wally Majors. Recreation Director Recreation and Park Board Members File America's Gate,ray w the Gulfstream RECEIVED ! AUG -1 2002 CITY MANAGER'S OFFICE The Cit o Bo nton Beach OFFICE OF THE CITY MANAGER 1 O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 City Manager's Office: (551} 742501 FAX: (551) 742-6011 e-mail: city.managen~ci, boyntor~each.fl, us www.ci.boyntor~beacil.fl, us City of Boynton Beach Proposed Project Listing Palm Beach Count Parks and Cultural Facilities Bond Issue November 2002 The following is a proposed list of possible projects for County Commission District #3 Commissioner Warren H. Newell The City Commission is requested to place these in a final priority listing at the City Commission Meeting of August 6, 2002. Meadows/Nautica Sound Park - $600,000 -- This is a neighborhood park that would provide passive recreation for the Meadows/Nautica Sound Neighborhood. Preliminary discussions with neighborhood representatives suggest that the area does not favor active recreation in this area. The Boynton Beach Recreation and Parks Board have endorsed this project. Nautica/Knollwood Park $375,000 Last year the City was approached by the Palm Beach County Department of Transportation to use a 3 acre vacant park site for stormwater detention for the Lawrence Lake project. The City staff developed a plan for discussion with the County and received the endorsement of the Nautica Homeowners association for a retention lake and walking path. However, the County staff felt the overall cost of the site plan as proposed by the City was too expensive. The bond referendum offers a unique opportunity to leverage County DOT funds and the referendum funds to develop a dual use park site. o Golf Course Clubhouse $1,500,000 - This project is identified in the City's Capital Improvement Plan for 2006 and consists of replacing the current club house with one of slightly larger than the current 4,000 sq. ft. facility. The staff at the Golf Course is ctm'ently focused on the construction of the new Executive Course and believes the request for funding of this facility is premature. It has been included on the list for the Commission's consideration. KB: 8/01/02 The Cit of Boynton Beach OFFICE OF THE CITY MANAGER 1 O0 E. Boyrtton Beach Bouleuard P.O. Box310 Boynton Beach, Florida 334,~-03 I 0 City Manager's Office: (551) 7425010 FAX: (56I, 742-601i e-mail: city. manageri~ci, boyntortbeach.fl, as wwto. ci.boyntor~beach.fl, us City of Boynton Beach Proposed Project Listing Palm Beach Count Parks and Cultural Facilities Bond Issue November 2002 The following is a proposed list of possible projects for County Commission District #4 Commissioner Mary McCarty The City Commission is requested to place these in a final priority listing at the City Commission Meeting of August 6, 2002. Clubhouse Project at Intracoastal Park -- $1.1 Million -- This structure would be constructed in conj unction with the Intracoastal Park Project that is to begin construction in fall of 2002. The Clubhouse is a meeting room facility for the community that provides a badly needed resource for the Northeast quadrant of Boynton Beach. A small facility formerly located on Gateway Boulevard was demolished to make room for the roadway improvement. The Boynton Beach Recreation and Parks Board have endorsed this project. Jaycee Park (FIND) property - $2,200,000 at 5.2 acres ~$10/sq. - On July 19, 2002 the Florida Inland Navigation District Board declared this parcel as surplus. The City is proposing purchase of the property from FIND for possible open space (passive recreation) and allocation of 1.6 acres of the parcel for a ne~v fire station in the event a suitable parcel cannot be purchased in the Southeast Quadrant of the City. The local match for the purchase from the City would be $750,000 which is the amount allocated for a fire station site. The match would be available if a portion of the site were available for a fire station. This is one of the last open views of the Intracoastal available along Federal Highway. The Boynton Beach Recreation and Parks Board have endorsed this project. o Woman's Club Refurbishment - $450,000- Currently, the City is negotiating with the Board of the Woman's Club to take over day-to-day management of this facility in the form of a long-term lease. There are a number of structural repairs and refurbishment items necessary for the building. These include replacement of exterior doors, roof work and other repairs that must be accomplished using special materials because the building is a registered historic landmark. The lease agreement would provide the public ownership interest to allow public funds to be used for refurbishment. Ocean Front Beach Park Boardwalk and Lifeguard Tower Replacement - $650,000 The current recycled plastic boardwalk at the City's beach park is nearing the end of its service life. The use of this material is a good idea but the current lumber is first generation plastic material, which has bowed and causes a slip and fall hazard. It is recommended that the boardwalk be replaced and that new lifeguard towers also be installed to replace the current structures that were installed in 1983. The beach park receives extensive use and was recognized by the Palm Beach' Post in 2000 as the best beach in Palm Beach County. KB: 8/01/02 America's Gateway to the Gulfstream The Cit of Bo nton Beach OFFICE OF THE CITY MANAGER 100 E. Boyntort Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 City Manager's Office: (561) 7426010 FAX: (561) 742-6011 e-mail: city. managerCa~ci, boyntonbeach..fl, us www. cL boyntor~beach.fl, us City of Boynton Beach Proposed Project Listing Palm Beach Count Parks and Cultural Facilities Bond Issue November 2002 The following is a proposed list of possible projects for County Commission District #7 Commissioner Addie L. Greene The City Commission is requested to place these in a final priority listing at the City Commission Meeting of August 6, 2002. 1. Senior Citizen Center Phase II -- $1,000,000 -- The current facility includes 4,800 square feet of office, restrooms, activity, and multi-purpose rooms. Phase 11 will add 5,200 square feet, and include the following: and entrance from the parking lot directly into the building, with an overhang drive up area A lobby A computer lab · A food preparation area for special events and building rentals · an arts & crafts room and gardening area · a large meeting room and small meeting room to allow for one on one counseling · two new offices · two handicap accessible restrooms The Boynton Beach Recreation and Parks Board have endorsed this project. Supplemental Parking for Senior Citizen Center and Woman's Club -- Purchase of land south of Senior Citizen Center - Land $250,000 - Parking 75,000 This project will provide additional parking for both the Senior Citizen Center and the Woman's Club which is located across Federal Highway and is County Commission District #4 - Commissioner Mary McCarty The Boynton Beach Recreation and Parks Board have endorsed this project. o Wilson Center Rehab/Reconstruction -- $1.5 M with possible refurbish of Wilson Pool $400,000 to include aquatic playground. The City has received funding for land acquisition for property adjoining the current campus. The Boynton Beach Recreation and Parks Board have endorsed this project. Southeast Neighborhood Park Phase I --- $375,000 - The City acquired approximately 2 acres of property in the past year and plans are underway for the development of this portion of the property. Long-term plans call for the purchase of the remaining 2 acres of the property from the current owner. The estimated cost of the land purchase for the last half of the property is $350,000. The Boynton Beach Recreation and Parks Board have endorsed this project. KB: 8/01/02 America's Gateway to the Gulfstream PROPOSED I~IILSON PARK PLAN #3 CINNECORD WAX MYRTLE Requested City Cormmssiun Meetin~ Dat~ [] March 19, 2002 [] Apl'il 16,2002 May 7, 2002 CITY OF BOYNTON BEA AGENDA ITEM REQUEST XII. - LEGAL ITEM A.3 Dam Final Form Must be Turned i~ g0 ~itv Clerk's O~c¢ Mar~h 6, 2002 (5:00 p,m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meetimt Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's OflSce May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heariag [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve by Ordinance the recommended changes, additions and deletiom to the Personnel Policy Manual. EXPLANATION: In compliance with PPM L 02: Organization for Personnel Administration, the Human Resources Director is responsible for preparing and recommending such policies or amendments to the policies as may be necessary or advisable to carry out the intent and purposes of the City personnel program. These policies have been reviewed by the Human Resources department, the City Management Leadership Team and the City Attomey. A summary of the changes is attached. PROGRAM IMPACT: The policies affect all non-contract employees and contract employees whenever incorporated into their conwacts. FISCAL IMPACT: Possible minimal impact by the changes in the call back, longevity bonus and technical certification policies S:~BULLETINkFORMS%GENDA iTEM REQUEST FORM.DOC O INANCE 02- O3 / AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERsoNNEL POLICY MANUAL OF THE CITY OF i FOR CONFLICT'S. CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on February 2, 1998; by Ordinance O98-06, the City Commission of :he City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton Beach, which document Was ~er amended by Ordinance No. 098-34 dated September 3, 1998, and Ordinance O98,44, dated December I, 1998; and WItEREAS, the Human Resources Director is charged with the responsibility of reviewing the document on a continual basis and making recommendations for amendments to the policies from time to time, to correctly reflect the intent and purposes of the City's personnel program; WHEREAS, the Human Resource Director with the assistance of administrative undertaken a comprehensive review of the PPM and has recommended numerous as delineated on the Summary of Changes, which is attached hereto as Exhibit "A'. NOW, THE~FO~, BE IT ORDAINED BY THE CITY COMMISSION OF OF BOYNTON BEACH, FLORIDA, THAT: Section 1.: That the Personnel Policy Manual (PPM) is hereby amended to all of the amendments as reflected on the Summary of Changes, which is t hereto as Exhibit "A" and made a part hereof. Section 2. That the PPM, which is attached hereto as Exhibit 'qB" and made a has been reorganized and recodified for easier access to information. ~ Should any section or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction to be such decision shall not affect the remainder of this ordinance. Section 4... All Ordinances or parts of Ordinances, Resolutions or parts of ; in conflict herewith be and the same are hereby repealed to the extent of such ,ct. Section 5. Authority is hereby granted to codify said ordinance. ,:\CA\Ordinances~xtministrative~PPM Amendments Rev062402.doc Section 6. occurred: (a) This Ordinance :shall:become effective when the following has when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining unit, or their successor organization; and Upon satisfaction of the above requirement, then in that event, the terms and provisions of this Ordinance shall become effective and retroactive to the effective date of Ordinance No. __ or FiRS.r READi.G this ,~ ~'~day of .-~-~ [t~ ,2002. SECOND, FINAL READING and PASSAGE this day of _, 2002. CITY OF BOYNTON BEACH, FLORIDA City Clerk Mayor Vice Mayor Commissioner ,. Commissioner Commissioner S:\CA\Or~inances~,a, dministrafive~PPM Amendments RevO62402.dOC PERSONNEL POLI'CY MANUAL C~TY OF BOYNTON BEACH TMp~I~T~NT N~TT~F M_~n,v Of ~he ~n_lir'ie¢ con~in~ in l:_hic m~nu~_l Rte ~d 0n le~l ~rnvicinnc int~rnr~tnfinnc nf Inw nnd =mnlnun= r~lntinnc nrinrinl~c ~11__ n~ which nr~ ~uh~ ~0 rhinoS- ~or ~hic r~On, ~hi~ mnn~l~l ic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Page GENERAL PROV]:S[ONS ................................................................................................... 4 01. Purpose of These Policies ........................................................................................ ;.4 Positions covered by these policies ............................................................................... 4 Approval of Policies ..................................................................................................... 4 Amendment of Policies ................................................................................................. 4 Codification ................................................................................................................. 4 02. Organization for Personnel Administration .................................................................. 5 City Commission: ......................................................................................................... 5 CiW Manager ............................................................................................................... 5 Human Resources Director: .......................................................................................... 5 03. Equal Employment Opportunity Statement ................................................................. 7 04. Harassment ............................................................................................................. 8 05. Violence in the Workplace ....................................................................................... 11~ 06. Drug and Alcohol Use ............................................................................................. ~.2 07. Americans with Disabilities Act (ADA) ....................................................................... :~3 08. Effective Date of Policies ......................................................................................... 14 ]:]:. EMPLOYMENT ............................................................................................................. 15 0:!.. Types of Employees ............................................................................................... 15 02. Recruitment and Selection ....................................................................................... 16 03. Employment of Relatives ......................................................................................... 20 04. Hours of Work ........................................................................................................ 21 05. Personnel ]:nformation / Employee Files ..................................................................... 22 06. Probationary Period ........................................................ ; ....................................... 23 ]:11. COMPENSATION. ........................................................................................................ 24 01. Pay Plan ............................................................................................................... 24 02. Overtime ............................................................................................................... 25 26 03. Callback and On Call ............................................................................................... 04. Compensatory Time ................................................................................................ 27 05 Demotions / Transfers ............................................................................................. 28 06. Incentive Pay System ............................................................................................. 7.9 07. Bonus Award ........................................................................................................ 30 08. Qty Manager ZncenUve Program .............................................................................. 31 ~V, BENEFI'TS .................................................................................................................. 32 01. Legal Holidays ........................................................................................................ 32 02. Vacation Leave ...................................................................................... ' ................. 33 03. Sick Leave with Pay ................................................................................................ 34 04. Bonus Days ................................................ · ............................................................ 36 05. Leave With Pay ...................................................................................................... 37 06. Leave Without Pay ................................................................................................. 39 City of Boynton Beach Personnel Policy Manual 2 Effective Date: 03/01/98 Revised Date: 080602 1 07. Family and Medical Leave Act .................................................................................. 40 2 08. Longevity Benefits .................................................................................................. 41 3 09. Retirement Benefit ................................................................................................. 43 4 V. PROFESS]:ONAL DEVELOPMENT .................................................................................... 44 5 01. In. Service Training ................................................................................................. 44 6 02. Tuition ~nce .................................................................................................. 45 7 03. cai Certification .............................................................................. 46 8 VI. DISCIPLINE ............................................................................................................... 47 9 0! ................................................................................................. 47 10 ........................................................................................ 48 11 ct ............................................................................................................... 48 12 .................................................................................................... 49 13 ~uct .................................................................................................. 50 14 Acti o n ................................................................................. 51 15 nary Action: ....................................................................................... 52 16 rmination Hearing .............................................................................. 55 17 Er ds ..................................................................................................... 56 18 02, rices .................................................................................................. 58 19 V]:I~. RES1~GNAT[ON / TERM]:NATJON .................................................................................. 59 20 0~.. Resignation/Termination ......................................................................................... 59 21 Termination Pay ............................................................................................................ 22 02. Lay-Off ................................................................................................................ 23 V~[1~, APPENDIX ............................................................................................................... 61 24 DEF]:N~I-J:ONS ............................................................................................................... 61 25 26 City of Boynton Beach Personnel Policy Manual 3 Effective Date:' 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 GENERAL PROVZSTONS 01. Purpose of These Policies These policies are to provide guidance for the administration of the City's Personnel program. It is the intent of these policies that City employees will be dealt with on an equitable basis, so that the citizens of the City may dedve the benefits and advantages that can be expected to result from a competent staff of City employees. Positions covered by these policies A= These policies shall apply to all non-contract employees. These policies apply to union employees only when they are incorporated or referenced (in whole or in part) in the union employees' collective bargaining agreement These policies apply to employees with individual .contracts only to the extent they are incorporated by reference in the employee's contract. An employee who is promoted or reclassified from positions previously covered by bargaining unit agreements or by any previous rules or regulations into positions affected by ~hese ~olicies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. In the event of any conflict between these rules and any other existing policies, rules or regulations which arein conflict with these polities, these polities shall prevail. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission, unless another means of amendment is specified in this document. Codification The City Administration, from time to time, reserves the right to recodify the Personnel Policy Manual to facilitate its use. City of Boynton Beach 4 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 Z.. GENERAL PROV~STONS 02. OrganizaUon for Personnel Administration City Commission: A. Have the power to approve or amend the Policies on its own initiative' or on a~cer receiving a recommendation from the City Manager. B. Annually approve a pay plan, which may, in their some discretion, provide for wage and benefit increases or deCreases. Ratify letters of appointment when required by the City Charter. City Manager The Qty Hanager shall: A. Be responsible to the City Commission for the administration of the personnel system. B. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate employees. The Qb/ Manager may, in his/her discretion, delegate administrative authority to the Human Resources Director or Assistant Qty 'Manager to approve perSOnnel actions. The Manager may enter into letters of appointment to hire or retain exempt status management employees under such terms and conditions as the City. Manager deems necessary to hire or retain competent management personnel. Ratification of letters of appointment by the Qty Commission is not required unless otherwise required by the City Charter. C. Perform such other duties and have and exercise such other powers in personnel administration as is vested in the Qty Manager by the provisions of the Qty Charter, applicable law and these policies. D. Appoint a Human Resources Director who shall be responsible to the City Manager for th~ of the Qty,s Personnel program. Human Resources Director: The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer such recruitment and examination programs of competent applicants to meet the needs of the OW. C. Prepare and recommend to the City Manager for City .Commission adoption, job City of Boynton Beach 5 Effective Date: 03/01198 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 descriptions and amendments to job descriptions which reflect the duties being performed by each employee. D. Administer the pay plan. E. Perform a periodic review of compensation levels in the area to the extent that such levels affect City employment. F. Provide such forms and procedures as he/she may consider necessary, appropriate or desirable to carry out the personnel program. G. DeveloP and establish in cooperation with the City Manager and various department heads such training and educational programs for employees as conditions warrant. H. Perform such other activities with reference to Human Resources administration not inconsistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. ]~. Prepare and recommend such policies or amendments to the policies as may be necessary or advisable to carry out the intent and purposes of the Qty personnel program. .1. Administer Benefit Programs K. Administer Disciplinary Process L. Review the Human Resources Policy Hanual not less than bi-annually and file a written report with the City Clerk. M. Administer the Performance Appraisal Program. City of Boynton Beach 6 Effective Date: 03101198 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 I. GENERAL PRO~SIONS 03. Equal Employment Opportunity Statement The City of Boynton Beach of race, color, creed, religion, such factor is a bona fide occupational qualification or is sexual orientation or recruitment, examination, a operations. discrimination because re ), rams~ practices, actiOns and City of Boynton Beac~ Personnel Policy Manual 7 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 GENERAL PROVZSZONS 04. Harassment The City of Boynton Beach is committed to providing a work environment that is free of unlawful harassment and discdminationi Harassment (both overt and subUe) is a form of discrimination where a person is subjected to a hostile or offensive work environment because of threatening, intimidating, embarrassing, or other offensive behavior based on his/her race, religion, age, disability, sex, national odgin or sexual orientation. Unlawful harassment is a sedous offense. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. By way of illustration, but not limitation, the following shall constitute inappropriate workplace behavior: 2. 3. 4. Disparaging remarks (wdtten or verbal) of a discriminatory nature. Includes slurs toward a protected group; Jokes targeting a protected group, as well as jokes or comments or a sexual nature; Posters, flyers,' personal attire, etc., designed to promote discrimination or harassment of a protected group; Disparate treatment of individuals in the protected categories involving recruitment, promotional opportunities and application of policies, procedures and regulations; Acts of violence, threats of violence, or other harmful or offensive behavior intended to promote a hostile work environment because of an individual(s) membership in a protected group; Sexual harassment can include unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature which creates a hostile or intimidaUng environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: · Sexual flirtations, advances or propositions. · Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. · Any uninvited physical contact or touching, such as patting, pinching or intentionally brushing against another's body. Provisions All levels of supervisors share responsibility for communicating this policy, for recognizing, responding and taking corrective actions, and/or preventing s~zTat harassment of City City of Boynton Beacl~ 8 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 employees. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive. ]:f the behavior contin behavior: to their own superwsor I instigating the harassment may not necessarily or supervisor,~ but may also be any employees. Procedures Employees should report their I harassment complaint immediately. The employee has the option of reporting the complaint as follows: to their supervisor or department director, or to the Director of Human Resources or a Human Resources department designee. ]:f the supervisor or department director is the person accepting the complaint, he orshe will notify the Director of Human Resources of the complaint. The Director of Human Resources will begin coordinating and conducting the investigation process in a timely manner. A written statement will be requested of the complainant. The Qty will provide an administrative response in a timely and reasonable manner (within 30 days, if possible). The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the harassment. ]:f the employee perceives the situation to be threatening, that employee may request authorization to use accrued Annual Leave or Leave Without Pay or a job transfer. Approvals will be determined on a case by case basis. = Disciplinary and/or corrective actions shall be imposed based upon the sevedty of confirmed harassment, Confidentiality, to the extent permitted bY law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. Employees exercising their dghts by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation. However, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. City of Boynton Beach 9 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 9. 2 3 Administrative operating procedures as determined by the Director of Human Resources for this policy shall be applicable. C ty of Boynton Beach 10 Effective Date: 03/0'1/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 1. 9 10 11 12 2. 13 14 15 16 3, 17 18 19 20 21 4, 22 23 24 25 26 27 28 29 30 31 5.. 32 33 34 6, 35 36 37 38 39 1'. GENERAL PRO~SI'ONS 05. Violence in the .Workplace The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the intent of the City to provide a workplace free from intimidation, threats, or violent acts. Violence, or the threat of violence, by or against any employee of the City of Boynton Beach is unacceptable and violates City policy, and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City properS, including City vehicle, unless such possession or use of a weapon is a necessary and approved job requirement. Any person who exhibits unusual behavior or makes threats, exhibits threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. All City personnel are responsible for notifying a supervisor of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. Even without an actual threat, personnel should report any behavior they have witnessed which they regard as threatening or violent. Failure to notify a supervisor of such activity will subject the employee to serious disciplinary action up to and including termination, and cdminal charges. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment based upon their report. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. City of Boynton Beach Personnel Policy Manual 11 E[fec~ve Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1'. GENERAL PROVZSI'ONS 06. Drug and Alcohol Use The City of Boynton Beach does not tolerate illegal drug usage and drug or alcohol abuse. This prohibition includes the unlawful manufaCtUre, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Chapter V]:[.01 Disciplinary Actions.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (EAP) which offers short-term counseling and assessment and referral services to an employee or an employee's immediate family members. City of Boynton Beach 12 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 GENERAL PROVZS'zONS 07. Americans with Disabilities Act (ADA) '~le employees a Beach to provide a workplace free City .~nsure that all )licants and scriminatiOn all a pp employment. To this end, it is the policy of the ~s with Disabilities 'Act (ADA). City of Boynton Beach 13 Effective Date: 03/01198 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 T. GENERAL PROVZSI'ONS 08. Effective Date of Policies The original effeddve date of the PPM was March 30, !998, The policies are applicable to all employees hired after March 30, 1998; The policies are also applicable to all employees hired before March 30, 1998, if that employee filed a written election, on or before October 1, 1998, to be covered by these policies, A regular employee who timely made the election to be covered by these policies, will continue to acc~e sick and vacation time in the same manner he or she accrues it under any previous rules. A regular employee who elected to opt into the Personnel Policy Manual on or before October 1, 1998, or during any subsequent annual Open Enrollment pedocl, shall upon termination of employment with the Oty, be paid for unused sick and vacation time in the same manner as they would have' been entiUed to be paid under Civil Service Rules and Regulations which were in effect when they were hired. City of Boynton Beach 14. Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Z1'. EHPLOYHENT O1. Types of Employees City employees are div ded into two groups: non-contract emplOyees and contract employees. A. Contract employees means either individuals f Appointment, or individuals who are covered b~ of , Letters of shall f which provisions apply to NOn-contract employees means employees who are not otherwise designated as contract employees. City of Boynton Beach Personnel Policy Manual 1 5 Effective Date: 03t01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37' 38 39 40 41 42 43 45 46 47 48 ZZ. EHPLOYHENT 02. Recruitment and Selection In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment .and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hidng. Vacant positions shall be filled in the best interests of the (~ity through recruitment, selection, and promotion of employees on the basis of their qualifications a~d relative knowledge, abilities, and skills. Basic Requirements 1. ~e Human Resources Department is responsible for nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments have no authority to modify or waive the provisions of the PPM. The Human Resources Department has pdmary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual pdor to obtaining all necessary authorizations shall not be binding on the City. Procedures City of Boynton Beach Personnel Policy Manual ApplicaUons and Znterviews 1. Once the Human Resources Department has officially announced a job vacancy through the posting of an Employment Opportunity noUce, the official recruitment process has begun. The recruitment process may be withdrawn by the Director of Human Resources. 2. [ndMduals desiring consideration for employment must submit an Application for Employment form, or a resume to the Human Resources Department. Employees are encouraged to submit applications for promotional opportunities. NI applicants submitting a resume and granted further consideration shall complete an Application for Employment at some point during the employment process. Veterans preference will be given in compliance with current legislation. 3. Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may upon discovery, lead to denial of an application, withdrawal of an offer of employment, or dismissal of the employee. Incomplete applications may be accepted but missing information must be obtained from or submitted by the applicant on request. 16 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ,. All applications and resumes received by departments must be forwarded to Human Resources. 5. Applications lurces ~ submitted resumes received until the establish~ in Certain classifications may. consideration. Huma passing scores are attained consideration. applicable testing ister department for w The Human Resources Department shall advise the appropriate Department Head of the eligible applications. Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative .qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in acCordance with current class specifications. b. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department. c. Determine which candidate is most suitable for further consideration and proceed with additional interviews, if necessary. d. Determine that the applicant pool was sufficient prior to recommendation for employment. Selection, Reference Checks and the Recommendation Process Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical condiUons shall be made at this step of the evaluation. Human Resources Department may also conduct verifications regarding academic degrees, previous employers, character references. All information provided on the Application for Employment will be subject to verification as needed. 3. OnCe the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue. City of Boynton Beach 17 Effective Date: 03/01198 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. If the Department Director proposes a salary which exceeds the minimum of the position's pay range, written iustification must be included for consideration of the salary. Upon receipt of a recommendation for .employment and in conjunction with a tentative offer of emPloyment, a pre-employment physical~ which may include a drug test, for the applicant is then scheduled. Hedical examinations must be :rmine fitness to perform the duties of the position. At this the Human Resource .Department, with the of Law Enforcement (FDLE) shall check the criminal record and may obtain, following the Act, the prospective employee's credit. After acceptance of an applicant's physical examination and drug test results, criminal background check and credit check, if required, the Human Resources Director may proceed with the hiring process. It is the Qty's intent to employ: the most qualified applicant best suited for the position. Current. employment with the City is a factor, but is not, in and of itself, determinative or controlling. City of Boynton Beac~ 1 8 Effective Date: 03/01198 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 De Fmnl~vm~nf A~-rp.nt:~ Employment acceptance must be made by the applicant within three (3) work days by the Human Resources Director. :If employmer the department may consider ,a~ the recruitment's applicant pool, or the 'rocedures shall : of the tentative and verification of the necessary ice Orientation The Human Resources Department shall schedule and conduct a general orientation program for all new employees to explain the Qt'ys history and organization, to=comPlete benefit program enrollments, and to stress the use of safe work practices. City of Boynton Beach Personnel Policy Manual 19 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 TT. EMPLOYMENT 03. Employment of Relatives An em ployment decision that results in the hiring of a relative of another City employee must be in compliance with the Rodda state law on nepotism. This policy is intended to eliminate hiring practices that result in conflicts of interest, favoritism or the appearance of impropriety. No person may be hired into the same department in which he/she has an -- il" "immediate ram y member working if one supervises or evaluates the other. No person may be transferred into a department in which he/she has an "immediate family" member working, if one supervises or evaluates the other. Provisions of this Policy will not affect persons employed and assigned at the time this Policy goes into effect. J Persons becoming husband and wife while working within the same department may not both continue their employment in the same department, if one supervises or evaluates the other. The provisions of Flodda Statute 112.3135, regarding nepotism shall control over any provision of this Policy. City of Boynton Beach 20 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1']:. EMPLOYI~IENT 04. Hours of Work Hours of work will be determined by Department Heads, subject to the approval of the City Manager and shall: A. be determined in accordance with the needs of the City, and B. take into account the reasonable needs ot: the public who may be required to do business with vadous City departments. City of Boynton Beacfl Personnel Policy Manual 21 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 TZ. EMPLOYMENT 05. Personnel Znformation ! Employee Files The official personnel file of each employee is maintained in the Human Resources department. All documents in the file, with certain exceptions, are subject to the Flodda Public Records Law which requires information in the file be made available for review upon request. Documents/information exempted by this Law (with some exceptions, such as a Court: Order) are: Social Security Number Medical information Benefit Information Home Address and telephone number of sworn Police and Fire employees, inspectors, or other employees designated in F.S. 119.07 Human Resource department employees. Spouse's work and children's school addresses and telephone numbers of these employees Employees must notify the Human Resources Department in wdting, within twenty (20) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. City of Boynton Beach 22 Effective Date: 03t01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 ZZ. EHPLOYHENT 06. ProbaUonary Period In order to determine that each employee is placed in a position most likely to result in a successful career at the City, all newly hired or promoted employees shall be required to complete a probationary period. New Hire (Full-time): Each new fu I-time employee must successfully complete a probationary period of twelve months from the date of hire. Promotion from Part-Time to Full-Time Each promoted employee must successfully complete a months from: the date of promotion. probationary period of twelve Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. Promotion to a Higher Graded Position Each promoted emPloYee must successfully complete a probationary pedod of six months from the date of promotion. Not~. Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating. Transfer to a different position, whether in the same or a lower grade Each transferred employee must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six month promotional probationary period have no property entitlement to their position. City of Boynton Beach 23 Effective Date: 03/01/98 Personnel Policy Manual Rev sed Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~!1. COf4PENSATZON 01. Pay Plan The Pay Plan, referred to in these polities, is applicable to all non-contract empl.oy, ees, to individual Letter of Agreement holders if incorporated into the Letter and to bargaining unit members, if incorporated into the bargaining unit contract. The Pay Plan is published as a separate document and may be amended from time to time by .resolution of the City Commission following recommendation from the City Manager. The Pay Plan is not vested and does not constitute a contractual obligation of the City. The City Hanager shall be responsible for interpreting the application of the Pay plan with regard to pay problems that are not specifically covered ~y this plan, using the ,principles expressed herein as a policy guide. Refer to the current Pay Plan document for details. City of Boynton Beach 24 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 III. COMPENSAI'ION 2 3 02. Overtime 4 5 Ove~me pay for non-exempt employees may be given only for authorized or directed time 6 worked,in excess of 40 hours. So-me sworn poSitiOns: in the Police,and Fire 7 will not be granted for less than a 8 ~ actual hours worked shall be Counted (Some bargaini ng unit contracts may differ.) 9 10 Provisions of the Fair Labor Standards Act shall be applied to resolve ail overtime issues. 11 12 Refer to the current Pay Plan document for details. 13 City of Boynton Beach 25 Effective Date: 03/01/98 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 III. COMPENSATION 03. Callback and On Call Callback Callback is an unscheduled or emergency return to work outside of officially scheduled work hours or on a holiday or day off at the request of a Department Head. This is not overtime or holiday work scheduled in advance and regularly recurring call to duty. Any employee who has physically eft work (punched out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an or emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. On Call To provide for after-hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-calh time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-calh all time after regularly scheduled working hours when an employee is designated to 13e available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. Some bargaining unit contracts may differ. City of Boynton Beach 26 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 III. COMPENSATION 04, Compensatory Time An employee eligible for overtime in accordance with the pay plan may be granted compensatory time o~ at the same rate it was earned (i.e., straight time for straight time, time and one. half for i, with the The choice of whether to g and depends on the most efficient and .~ly with management City of Boynton Beach 27 Effective Date: 03/01/98 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Ill. CObtPENSATZON 05 Demotions / Transfers Demotions Transfer of an employee from a higher graded position to a lower graded position may be initiated by the employee or by the City as part of a departmental restructuring or realignment of responsibilities for failing to meet standards of performance. Transfer Employees transferring from one position .to another in the same pay grade, whether in the same for in a different department will maintain the same pay rate. For further details regarding these personnel actions, please refer to the current pay plan document. City of Boynton Beach 28 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III. COMPENSATION 06. Incentive Pay System The City of Boynton Beach has established the Incentive Pay System to motivate and reward employees according to their job performance :lua ity, and advancement, identify individual training needs~ determine ~ in the assigned position and ability for absorbing ~ continually working towards the mission, goals, and objectives of the City. ~nd bonuses may not be included in the employee's base Day and may not be forward in sUbsequent years. See F.S. !66.021(7). Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed thei~ probationary pedod are eligible for this program. Program Specific policies and procedures for the incentive pay plan are detailed in the Pay Plan/Position Classifications document and the Performance Evaluation Manual. City of 8oynton Beach 29 Personnel Policy Manual Eff, ec'~ve Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 III. COMPENSATION 07. Bonus Award In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00: when such a bonus is justified, in wdUng, by the Department Head. l~his bonus wil not affect the employees pay grade or pay rate. Funds'for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus money and only one bonus will be allowed to an employee in a fiscal year. This approach is a system where the immediate supervisor and Department Head can recognize top performance and reward the employee prompUy. IncenUve pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent years. See F.S. 166.021(7). City of Boynton Beach 30 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O I72. COMPENSATION 08. City Manager Incentive Program All subm by the tear year and limited to j be done as possible, ,:while al be considered for the fo and the submittal I are are not Customer'service improvements.. Cost efficiencies (savings). Improvements in operations. Produ~vity enhancements. Expanding hours of operations. Doing work in-house rather than engaging a consultant. Incentive applications will be accepted by the City Manager's office, commencing September-30m of each year, for award at the last City Commission meeting in December. Incentive pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent yea rs. See F.S. 166.021(7). City of Boynton Beac~ 31 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 1V. BENEFI'rS 01. Legal Holidays Legal HolidaYs to be observed by the City's employees unless such employees are required to be on regUlar duty are New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memodal Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day and such other days as may be specifically designated from time-to-time by the City Commission The City Manager and City Commission reserve the dght to declare these and any other holidays on a date designated by them; such date does not necessarily have to be on the specified traditional date, but on a date that meets the best interest of the City; except if noted otherwise by union contract Full-time employees shall be Compensated for legal holidays. Refer to the current Pay Plan or bargaining unit contracts for details. Houdy rate employees must work their regular work days immediately before the after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately befOre and after the holiday. Part-time, temporary, and emergency appointed employee are not eligible for holidays with pay. City of Boynton Beach 32 Effec~ve Date: 03/01198 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1V. BENEFTrS 02. Vacation Leave unless the schedule is amended. In corn any week in .which the, employee is not ir shall, upon termination of employmer eave. Employees on their initial one year probation are not eli(. six six VAC'Z~T~ON ACCmJm uOL_T~ (Based on 40 hour work week) Years of Service Year but less than 5 years but less than 10 10 years but less than 20 20 years and after Vacation Days ~t with the City wit Vacation HoUrs 6 48 12 96 15 120 17 136 20 160 ined for first n the first Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1_ - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used dudng that October 1_ - September 30 will be forfeited as of September 30 of that fiscal year. City of Boynton Beach 33 E[fec'~ve Date: 03/01198 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 ~/. BENEFTrS 03. Sick Leave with Pay Sick leave with pay shall be granted to regularly employed full time employees at the rate of one working day for each completed month of serv ce (96 hours/year). Such leave shall be computed on an employment year basis. :Sick leave pay will be. paid at the same rate as a regular work day. Unlimited accumulation of sick leave is authorized. A regular employee shall, upOn termination of employment with the City, be paid for unused accumulated sick leave, as detailed in paragraph K below Sick leave shall not be considered as a dght which an employee may use at his/her discretion, but rather as a privilege which shall be. allowed only in case of personal sickness or disability, legal quarantine because of expOsure to contagious disease' Up to five working days in any calendar year may be taken as sick leave because of sedous illness within the immediate family (spOuse, child, parent). Tn the case of a prolonged, catastrophic illness within the family, an employee may. take more family sick time only if approved by the Department Head, Human Resources Director and City Hanager and 'a doctor's letter must be submitted. Tf the reason for the leave is covered by the Family and. Medical Leave Act pOlicy, family sick leave my be extended but not to exceed twelve weeks in a rolling twelve month period measured backwards. See PPM V.07 and APM 06.06.01. Sick leaVe will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: Notify his/her immediate supervisor one (1) hour before the beginning of the scheduled workday of the reason for his/her absence or within lesser limits if required by the Department Head. Permit such medical examination, nursing visit or inquiry which the City deems desirable File a written request for such sick leave on the form and in the manner to be prescribed. Absences of more than three (3) days sick leave must be documented by a doctor's certificate explaining the absence and/or unfitness for duty. ]:n the case of extended absences, four days or more, it is the duty of the employee to contact their Supervisor or Department Manager on a weekly basis until they are cleared for return to work. The City reserves the dght to require an intedm, doctor's certificate/report during the employee's extended absence. E. If excessive sick leave is taken in such a way as to indicate a patterer random or City of Boynton Beach 34 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one day absence, Em Employees serving a probationary pedod on an odginal appointment shall accrue sick leave in accordance with the provisions of this section. In computing sick leave no .sick leave increments will accrue for any week in which the emplOyee is not in a pa d status, for 24 or more hoUrs. In computing sick leave taken, all employees shall be charged one hour sick leave for each hour not worked because of illness. Regular employees that have exhausted their accumulated sick leave and are still unable to return to work, may draw against their annual leave account. Such request must be made to the Department Head by the employee, who in turn must notify the Human Resources Director on the prescribed form. Qaiming sick leave when physicallyfit shall be cause for discharge. All regular employees (or their beneficiaries in. the case of death) will have payment made for unused sick leaVe at the rate specified in the table below, upon resigning, retirement or death. Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full Years More than 5 fully years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from the OW 0% 10% 15% 20% 30% (Retirement shall indude normal retirement, disability retirement or eady retirement as defined in the appropriate Pension Plan.) Employees, if work is available, may return to work with a Ught Duty Ce~dficate and/or letter from their physidan provided there is work available within the Qb/ that would comply wi'd~ the doctor's requirements. If there is no such work available the employee will remain on sick leave or workers' compensation status until he has a full release to return to work from his/her doctor. 35 Effective Date: 03/01/98 City of Boynton Beach Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I'V. BENEFI'TS 04. Bonus Days This policy establishes a wellneSs program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from~ injuries or illness necessitating t~e use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. ACcrual All full time City employees covered by this policy are eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time (including family sick) dudng the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. City of Boynton Beach 36 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 ZV. BENEFTrS 05. Leave With Pay pay section must be approved by the the De leave the employee must deposit the money which he/she receives witness work schedule, unless otherwise provided by law. expense mort es. Emp oyees subpoenaed as witnesses in cases I tO for such a Mili~r~ Leave: Refer to Administrative Policy 06/05/03 for full details on this policy. Reserve Training: All employees reserve units ~ absence with full pay. Officers and Employees Leaves Of seventeen (17) their military obligations. nine (9) shift days. nel will of the military to leave of 115.07 - grants up to may fulfill lnted a:maximum of Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bdng their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. Ce Disability: Employees who are in a disability status will have their positions held for a maximum of six months from the date of injury or illness. If the employee cannot retum at the end of the six months, they will be placed on a re-employment list for a maximum of two years. If they are able to retum to work after they have been placed on a re-employment list, they may apply for a comparable position subject to availability, for which the employee meets the qualifications. [f the employee fails to comply with any provisions required by the carder handling the claim, they will waive their dghts for reinstatement in their open position or any other position. D. Workers' Compensation: Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. City of Boynton Beacl~ 37 ~f[ec~ve Date: 03/01198 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 l~f the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. home pay. In no case will the 18 month greater than six (6) months within an or illness. may t with his/her must' contact the payroll clerk to qu njured employee ., in=accordance his/her combined sick leave or ~full amount authorized) and workers' regular weekly net take home salary. The employee bined check. It is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. ]:f an employee who is receiving Worker's Compensation payment along with aty supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, dudng this period, he/she will be subject to reimburse the City for ali medical expenses and supplement sick or vacation pay taken and be subject to dismissal, Compassionate Leave: ]:n the event of the death of the mother, father, child, foster parents, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparents, grandchildren, mother-in-law, or father-in-law of a regular employee such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive work days for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive work days shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. City of Boynton Beac~ 38 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IV, BENEFITS 06. Leave Without Pay A >eoluntary considered as i sick eave, vacation exceed six to be in ] time. er. all with the City shall Jt pay. If may on leave of days City of Boynton Beact~ 39 Effective Date: 03/01198 PersOnnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~/, BENEFTrs 07. Family and Medical Leave Act Family and Medical Leave.Act (Federal Government Family and Medical Leave Act of 1993). The full text and required forms for this policy are in the Administrative Polic'v Manual 06.05.01. Employees of the Qb/who have worked for the Qb/for at least :L2 months and have worked at least :~250 hours during that time may be entitled to a total of :L2 weeks of unpaid medical leave dudng any 12 month period commencing from the first date of the leave period when leave is taken for one or more of the following: · Birth of a child of anemployee and to care for the child · The placement of a child with an employee for adoption or foster care. (Foster care requires state action.) · To care for the spouse, child or parent of an employee, but not a parent "in-law", if the family member has a serious condition; or · The employee is unable to perform the functions of the position, because of the employee's own serious health condition. Employees who are granted FMLA leave are required to use all accrued paid leave, vacation, sick, personal days and compensatory time pdor to FMLA leave without pay. Such accrued time shall be included in the total of the maximum leave in the designated year. The City shall continue: group health plan coverage for employees on FMLA leave for the duration of the leave, An employee on FMLA leave shall pay any dependent coverage and other premiums normally paid by the employee, City of Boynton Beact~ 40 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 ZV. BENEFZTS 08. Longevity Benefits to give, recognition for continuous and Longevity, benefits are available within these guidelines. Eligibility Employees eligible are those employees who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, b) have an overall 'Meets Standards' or above rating on the previous employee evaluation, Benefit Employees will receive a cash Lump Sum Bonus as follows: On the em pioyees fifth (5~) anniversary a lump sum payment of $500.00. On the employees tenth (~-0~) anniversary a lump sum payment of $1,000.00. On the employees fifteenth (:tS~) anniversary a lump sum payment of $~.,500.00. On the employees bNentieth (20~) anniversary a lump sum payment of $2,000.00. On the employees bNenty-fifth (25~) anniversary a lump sum payment of $2,500. On the employees thirtieth (30m) anniversary a lump sum payment of $3,000. On the employees ~hirty-fif~h (35~) anniversary a lump sum payment of $3,500. On the employees fortieth (40~) anniversary a lump sum payment of $4,000. Procedures 1. Any pay earned for Longevity Benefits is subject to pension plan contribution and required federal deductions. 2. Each Department Director is responsible for projecting the number of employees eligible for Longevity Benefitsin their department and budget accordingly for each fiscal year. 41 Effective Date: 03101198 City of Boy,ton Beacfl ReviSed Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 m Benefits shall' not be paid beyond termination payouts. Employees who terminate from City employment pdor to their hire anniversary date will not be entiUed to Section B benefits. DROP Plan Participants Participants in any of the Deferred Retirement Option Plans (DROP) are considered to have retired, do not add to the total years of service they had accrued upon entering the DROP plan, and are not eligible for a longevity bonus. City of Boynton Beach 42 Effective Date: 03/01198 Personnel Policy Manual Revised Date: 080602 ~V. BENE~ 09.~ :Retirement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pens on plan applicable at the time of retirement. City of Boynton Beach 43 Effective Date: 03/01/98 Personnel POlicy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '18 19 20 21 22 23 24 25 26 27 28 29 3O 31 V. PROFESSI~ONAL DEVELOPMENT 01. ~n-Service Training Any employee may be accorded leave with pay to attend an authorized program, provided that such training wi I considerably improve the emp oyee s job knowledge and substantially increase his/her efficiency. Leave is requested by the employee's department head and approved by the City Manager. When such leave is granted, the Human Resources: Director shall be prompUy notified of the reason for such leave, the course work to be completed, and the probable date of the employee's return to duty. Leave shall be for time required to complete the course. In no event shall any leave be approved or granted under this rule except where there are adequate, unencumbered funds available in the departmental budget which are sufficient to cover the cost of such training. In the event the course is not successfully completed, employees granted leave under this rule shall reimbUrse the City for one-half the cost of such training cour's~. If the employee leaves the City service within one (1) full year after completion of such training, he/she shall reimburse the Qb/for the total cost of such training course if the City Manager requires. City of Boynton Beach 44 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 V. PROFESSTONAL DEVELOPMENT 02. Tuition Assistance Ful time employees who have completed their one-year probation and who are not-union m for tuition reimburSement, part-time and temporarY empioy,e,e_s are not el assistance, Employees must maintain a minimum rating of 'meets or comparable rating in overall performance reviews in order to remain eligible for policy, covering tuition reimbursement may or may not have the same full details of the program and apply for reimbursement through the Employees who voluntarily leave their employment with the OtY or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance,received dudng the 12-month pedod prior to their terminatioh date, and 50°/o, of the tuition assistance received dudng the 24 month period pdor to their termination date. City of Boynton Beach 45 Effective Date: 03/01/98 Personnel Policy Manual Revisecl Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 V=t. PROFESSI~ONAL DEVELOPMENT 02. Tuition Assistance Full time employees who have completed their one-year probation and who are not-union members are eligible to apply for tuition reimbursement, Part-time and temporary employees are not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets requirements" or comparable rating in overall performance reviews in order to remain eligible for tuition assistance. Bargaining Unit contract articles covering tuition reimbursement may or may not have the same benefits as this policy. Employees may receive full details of the program and apply for reimbursement through the Professional Development Department. Employees who voluntarily leave their employment with the City or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 12-month period prior to their termination date, anct 50% of the tuition assistance received dudng the 24 month pedod prior to their termination date. City of Boynton Beac~ 46 Effective Date: 03/01198 Personnel Policy Manual Revised Date: 04/01/02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 VZ. DZSC]~PI.1NE 01, Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees whO will contribute to the City's :mission. :mment in supportive of the goals' of effective .municipal management is fully encouraged. and When an employee's nt with the disciplinary actions u; n occur. Prog when circumstances support its use. Tn proper cases, dismissal may immedi; No employee shall be disciplined or discharged without just cause. ].. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importanUy, to insure the successful ~ thc City and its services. However, in certain circumstances, punitive disci will be necessary. There is no "fiXed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances sha II determine the nature of the discipli ne. 3. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of pdor disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 4. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 5. The level of misconduct may differ in individual cases from apparently similar incidents. The aw retains the dght to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case- by-case method is designed to take individual drcumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 6. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. City of Boynton Beacl3 47 Effective Date: 03/01/98 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 Examples of Misconduct The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by-case basis. The following are examples of violations which shall result in discipline and the progressive discipline actions which may accompany the violations: Misconduct Conduct unbecoming of a City employee. Conduct unbecoming a OW Employee means: Employee behavior: or actions on the part of the employee which hinder or jeopardize the successful operation of the Qty, undermine teamwork and cooperation among Qty employees, or undermine the public confidence in the Qb/or its employees. Violation or disregard of City's Safety policy and procedures including: a. careless use of vehicle or equipment b. failure to use all safety restraints when dding in or operating a Qty vehicle; c. failure to wear and/or use prescribed uniforms or equipment. = ,, Abuse of Human Resources policies including, but not limited to: a. abuse of sick leave privileges, sick leave policy or excessive absenteeism b. failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change c. failure to report any outside employment. Abuse of departmental procedures and work rules induding: a. failure to provide name and offidal title to any person requesting same when performing work related duties b. habitual extension of lunch pedods or break pedod c. habitually late for work without valid reason d. smoking in prohibited areas e. unauthorized solicitation, posting of matedat, or non-productive behavior. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking diSCiplinary actions when necessary. N~'FF This chart' outlines the usual progression for repeated occurrences of misconduct. If sedous misconduct or extreme misconduct has occurred previously, there will be faster progressive action. City of Boynton Beach 48 E~fec~ve Date: 03/01198 Personnel Policy Manual Revised Date: 080602 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 OFFENSE TYPE M[SCONDUCT [ST OCCURRENCE COUNSEl TNG 2ND OCCURRENCE WRITTEN REPRIMAND 3RD OCCURRENCE SUSPENSION WITHOUT PAY DISMISSAL Sedous Misconduct Violation or disregard of City's Safety policy and procedures including: a. continued misuse of equipment or negligence resulting in injury to self, others, or damage to City equipment or property b. ~rdous to life or property c. un unsafe operation of City property, equipment or vehi m Abuse of Human Resources policies including: a. a co-worker or supervisor b. use to or aboutan employee, co-worker, supervisor, or the public c. insubordination, meaning the failure to recognize or accept the authority of a supervisor. Abuse of departmental procedures and work rules including: a. sleeping on the job b. :absent without calling in to department within one hour of shift start time c. disrupting or hindering departmental operations d. failure to work required overtime aSSignments, special hours, special shifts or unavailability during stand-by status e. .outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their City job INEFFICIENCYi OR INCOMPETENCE The inefficiency or incompetence in the performance of aSSigned duties may result in demotion, or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" evaluation (rating of 1 or 2) shall be given a follow-up evaluation within 60 days of the initial "Partially StandardS" or "Does Not Meet Standards evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or OR City of Boynton Beach 49 E~',e~,ve Date: 03101/98 Personnel Policy Manual Revised Date: 080602 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards", as outlined in the Incentive Pay System Policy. The following chart outlines the progressive discipline for three occurrences of sedous misconduct. ]~f misconduct or. serious misconduct has Occurred previously, there will be faster progressive action. OFFENSE TYPE SERIOUS MISCONDUCT 1SI' OCCURRENCE WRi'TTEN REPRZMAND OR SUSPENSION wi-rHOUT PAY 2ND OCCURRENCE SUSPENSION VvI-rHOL~ PAY DISMISSAL OR 3RD OCCURRENCE DISMISSAL Extreme Misconduct Violation or disregard of City's Safety policy and procedures including: a. failure to report an on-the-job injury or acddent within 24 hours to immediate supervisor b. supervisor~s failure to report an employee's on the job injury to Risk Management within 24 hours and/or completion of necessary documentation c. fighting on the lob or engaging in any intentional act which may inflict bodily harm on anyone d. operating a aty vehicle or equipment without a proper and valid ddver's license. e. failure to report the revocation or suspension of a ddvefs license when employment involves driving. Abuse of Human Resources policies including, but not limited to: a. possession of a firearm or concealed weapon on City property or while performing official CiW duties, without wdtten permission from Department Director (excluding law enforcement officers) b. gambling during work hours suspension or revocation of any required job-related licenses or certifications. c. refusal to sign a disciplinary form Abuse of departmental procedures ~nd work rules including: a. unauthorized personal use of City equipment or funds b. conducting personal and/or private business on City time; improper use of City time for such activity City of Boynton Beach 50 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' 29 30 31 32 33 34 35 36 37 38 falsifying attendance records other department rules as communicated by director/supervisor. II egal, a, b, falsifying empoyment application or concealing information during pre- employment screening or pro<:ess~ng gift or failure to comply with ee whi, positive drug test to fully cooperate or provide investigations alcOhol or prescription medication rmance on the job; or any confirmed alcohol while on duty; or reporting to work under the ge if offered, in a'drug/alcohol rehabilitation program required drug or alcohol test :o falsify a aW-ordered drug test policy through interaction with or a~ the public conviddon, of a felony :(including non'work related). The following chart outlines the progressive di.scipline for t~.,o incid.e.n, ts .of .e~eme miscondu..ct. If misconduct or serious misconduct haS occurred previously, mere Will be ms[er progressive action. OFFENSE TYPE 1ST OCCURRENCE 2"° OCCUFU~ENCE EXTREME OR SUSPENSION DISMISSAL UNLAWFUL WITHOUT PAY OR MISCONDUCT DISMISSAL Procedure for Disciplinary Action When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish aporopdate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. City of Boynton Beacl~ 51 Effective Date: 03/01/98 Personnel Policy Manual Re~sedDa~:080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 A_rl_rnini~rr'~Hv~ ~eview, Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the shall be cdminal violations These investigations / the Police Department, in collaboration with the of the involved employee. In instances where an investigation of sedous, unlawful or other ex~eme misconduct is necessary, administrative and/or criminal investigations shall be conducted pdor to the effective date. The immediate supervisor may initiate a three day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged inddent or misconductin the absence of the employee, Suspensions of more than three days require the approval of the Human Resources Director, This practice may also be used in the event that alleged misconduct is severe but unproven, The immediate supervisor shall immediately notify the Department Director and Human Resources alter the suspension is issued, so that the matter can be investigated at once, A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended alter the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. Types of Disciplinary Action: ~.~3tu~,Ji~- Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected, Counseling serves as a warning against further repetition of employee behavior, Future violations will result in discipline up to and including termination, A Counseling Memorandum should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Counseling City of Boynton Beact~ Personnel Policy Manual Hemorandum shall be forwarded to Human Resources for 52 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 retention 'in the employee. The ~lete a wdtten action plan to 3 the record. a wdtten A Written induct~ must forwarded th to aCknowledge receipt and employee's r~cords, with a ments for inclusion in The employee may be required to complete a wdtten plan for correction of the behavior. When the wdtten reprimand Contains frame for employee designated time pedod should be to review the discipline. Written [uation along Suspension Without Pay - Consists of an employee being prohibited from returning to work until the specified pedod of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay:shall be used the job due to extreme miscondUct or inces of progressive discipline support a suspension without pay for a s~ified pefiocl of time. Any time an employee is suspended for discipline, the suspension shall be without pay. With the written aUthorization of the Department Director and Human Resources , immediate supervisors have the authority to issue a suspension without pay for three working days or less. Suspensions without pay beyond three working days require pdor concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office, 3. Employees being suspended without pay shall be notified in wdting by the immediate supervisor. The wdtten notification shall consist of the reason for the action and the City of Boynton Beach 53 E~ec~ve Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '37 38 39 4O 41 F~2 43 44 duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. Employees may submit comments for inclusion in the record. Wdtten notification of a suspension shall be signed by the suspended employee acknowledging receipt of the wdtten notification:, and forwarded to Human ResourCes for inclUsion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. Demotions Ir the context of this policy, demotion consists of an employee being invo Untadl, er ~oVed from higher level classification to a lower level classification, with a resulting deCrease in salary. Although' not limited to such instances, demotions may occur in some cases becaUse of an inability to fulfill the duties of the higher level job in a satisfactory manner; :or a failure to comply with employment condiUons, such as licensure or certification. In addition, probationary employees shall be subject to demotion without The probationary employee shall not have I to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of:command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human' Resources~ review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided to the employee by the Department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee,s new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disdplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to Rnandal Management for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Wdtten notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in. the employee's records. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. City of Boynton Beach Personnel Policy Manual 54 Effective Date: 03/01198 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 '43 Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation :)epartment and A written notice of recommended te However, after two u be sent via U.$. mail to the most person. ~otice shall ;file. Documentation upon .whiCh the Department Director relied in formulating said recommendation. An explanation of his/her dghts to request a Predetermination Headng prior to termination taking effect and the faL't ~at the decisiOn of the OW Manager shall be final. The dismissal recommendation and the Qb/Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their Human Resources file, Probatio, nary emPloyees who have not successfully completed the establish_ed probationary pedod shall be sUbject to dismissal without cause, after review by Human Kesources. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property which may be in their possession or custody and all, other conditions for termination must be corn plied with pdor to issuance of final check. Right to Predetermination Hearing Prior to the effective date of any suspension without pay, or a termination, the Qb/ shall conduct a predetermination headng. The predetermination hearing shall be conducted by the Human Resources Director and the City Manager's designee The employee shall be provided with reasonable notice of the predetermination headng date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination headng by a representative or his or her chOice. Prior to or at the inception of the hearing the City shall disclose or explain the City's evidence. The employee shall be afforded the op~x)rtunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination headng City of Boynton Beach 55 EJTec~ve Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 and any: further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. Employee Appeals 1. Probationary employees shall not have the right to appeal any type of disciplinary action. Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of less than our (4) workdays, or demotions, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employees request for review. The Human Resources Director's disposition is final and not subject to further review. Regular employees have the dght to binding arbitration of any suspensions without pay of, five days or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. The City and the employee may waive the selection process by mutually agreeing to the appointment of an arbitrator. ]:f there is no waiver the Qty shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (10) days of a request for arbitration. The City and the employee shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the employee or the City. The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or submission of wdtten bdefs, whichever occurs last. 7. The decision of the arbitrator is binding and final. The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. City of Boynton Beact~ 56 E~fec~ve Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 9. The ~ including fees and costs shall be divided and paid equally by the ~11 be responsible for their own attomey fees, if any. City of Boynton Beactt Personnel Policy Manual 57 EffectiVe Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O VI. DISCIPLINE 02. Formal Grievances The City shall strive to: anticipate and avoid occurrence of valid complaints or grievances, and to deal pr(~mptly with any which may adse. Except where there is an acceptable reaSOn for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order, according to the department's chain of command: Immediate Supervisor Department Director Human Resources Director or his/her designee The pdmary purpose of this grievance procedure is to determine what is dght rather than who is dght. Free discussion between employees and supervisors will lead to better understanding by both practices, policies and procedures which affect employees. Discussion will serve to identi~ and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike;muSt recognize the true Purpose of the grievance procedure if it is to be of value in promoting the well-being of the City. Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and effident disposition of a grievance. Grievances are to be initiated by emPloyee within ten (10) days of the event giving dse to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. City of Boynton Beach 58 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 V/Z. RESIGNAT/ON / TERf4ZNAT/ON 01. ResignaUon/Termination the date the resignatiOn is to Department Heads shall forward the notice of resignation and a completed Personnel Authorization form to the Human Resources Director imme~liately uPOn receiving the resignation. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a pedod of three (3) consecutive working days may be -considered bythe CiW as a resignation. TerminaUon Pay There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein, Some individual letters of apPOintment may include termination pay provisions. City of Boynton Beach 5~) Effec~ve Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 VZT. RESI'GNAT'LON / TERM]:NA'I']:ON 02. Lay-Off The City Manager may lay off any regular employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position or because of changes in organization; however, no regular employee shall be laid off while there are temporary, or probationary employees .serving in the same position for which the regular employee is eligible and available, Whenever the layoff of one or more employees shall become necessary the City Manager shall notify the Human Resources Director, at least ten (10) days in advance of the intended action and the reasons therefore. The Human Resource Director shall fumish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. The order of layoff shall be in reverse order of total continuous time served. Temporary and probationary employees shall be laid off, in that order pdor to layoff of regular employees. City of Boynton Beach 60 Effective Date: 03/01/98 Personnel Policy Manual Revised Data: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 VIII. APPENDIX DEFINITIONS indi words and terms shall have the meaning indicated unless the context clearly ADMINISTRATIVE REVIEW means review of a minor Human Resources action by the. Human Resources Director, Minor Human Resou~ memos, reprimands, suspensions five (5) days. ALLOCATE Sha I mean the act of assigning each position to its proper class. ANNZVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for binding arOitration. ARBITRATOR shall mean a neutral individual appointed using the procedure set forth in these policies. BINDING ARBTI'RATZON shall mean a process that ends with a decision of the arbitrator which is final and binding on the employee, management and the City Commission. CER'F[FY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be propedy designated by a tiUe indicative of the nature of work and which carry the same range. COMPENSATORY 'I'[ME shall mean time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA. CONTINUOUS SEEVZCE shall mean employment which is uninterrupted. CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a collective bargaining agreement. DEMOTZON shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT shall mean Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL shall mean the discharge of an employee from his/her or her position with the Qty. · The terms termination and dismissal are interchangeable City of Boynton Beach 61 Effective Date: 03/01/98 Revised Date: 080602 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 -48 ELIGIBLE shall mean a person listed on the active employment list. EMPLOYMENT LIST shall mean a list of persons who have been found qualified for appointment to a position in a particular class. EEOC shall mean the Equal Employment Opportunity Commission. EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions which may include evaluations of training and experience, performance tests, oral interview, wdtten tests, evaluations of performance appraisals, etc. FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who feels ~hey have been unjustly treated in cases involving employment conditions. .]OB TITLE shall mean a definite descriptive designation for a job classification. LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or because of changes in the organization. NON-CONTRACT EMPLOYEE means any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. OVERT[ME PAY shall mean pay for overtime worked in excess of employees normal work week. PAY RANGE shall mean a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per weeP,. POSTI'ZON shall mean a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by appointment, promotion, demotion, or reclassification, and has been advised, in writing, that he/she has successfully completed his/her probationary period. PROBATIONARY PER[OD shall mean a pedod of twelve (12) months. An employee who fails to meet standards dudng the probationary period is subject to discharge, demotion, or suspension without warning or statement of cause. PROMO'r]:ON shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. City of Boynton Beach 62 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 1 REGULAR EMPLOYEE shall mean an employee who has aChieved permanent status after 2 completing a probationary pedod. 3 4 SUSPENSION shall mean: the separation with or without pay of an employee for a pedod of time. $ 6 TEMPORARY EMPLOYEE shall mean an employee holding a position other than regUlar full-time or 7 part-time for a specified period of time. 8 9 TEMPORARY POSITION shall mean all positions that are not designated regular. 10 11 TERMINATION shall mean the discharge of from his or her position with the City. 12 The terms termination and dismissal are interchan 13 14 UNION EMPLOYEE shall mean an employee withi~ a certified bargaining unit and covered by a 15 collective bargaining agreement. 16 17 VACANCY shall mean a position existing or newly created, which is not occupied. 18 19 20 21 22 City of Boynton Beach Personnel Policy Manual 63 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 ZNDEX ADA, 12 Administrative Review, 52, 61 Americans with Disabilities Act, 12 Anniversary Date, 61 Appeal, 61 Application for Employment, 15 Arbitrator, 56, 61, 16, 3, 63 Benefit Information, 21 Binding Arbitration, 56, 61 Bonus Days, 35 Bonus Awards, 29 Callback, 25 Certify, 61, 3, 4, 14, 23 CiW Manager, 4 CiW Manager Incentive Program, 30 Class, 61 Compassionate Leave, 37 Pay Plan, 23 Compensatory Time, 26, 61 )loyee, 3, 14, 23, 61 52 Memorandum, 52 Cdmina gation, 52 54, 61 ;, 27 ~nt, 61 36 Dis ,Action, 11, 47, 51 I, 49, 50, 51, 54, 61 pants, 42 Alcohol, 11 62 of Policies, 13 62 Contact, 2]. Appeals, 56 Assistance Program, 11 21 Technical Certification, 46 14 6, 15 62 of Relatives, 19 Beach Manual 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 85 86 87 88 89 9O 91 92 93 64 Employment Opportunity, 15 Equal Employment Opportunity, 6 Examination, 62 Extreme Misconduct, 50 Fair Labor Standards Act, 26 Family and Medical Leave, 40 Finance Department, 18, 36 Florida Public Records Law, 21 Full-Time Employee, 62 Grievance, 62 Grievances, 58 Harassment, 7, 51 Holiday, 33 Holidays, 3]. Hours of Work, 20 Human Resources Director, 4 Immediate Family, 11, ].9 Incentive, 30 Incentive Pay System, 28, 50 Job TiUe, 62 Jury Duty, 36 Layoff, '62 6O Leave Pay, 36 Leave Without Pay, 8, 39 of Appointment,, 14 41 Benefits, 4]. ,21, 17 ce, 36 47, 48, 50, 51, 53 Employee, 14, 62 25 13 I8 24, 62 )loyee, 62 17, 54, 62 inistration, 4 Information, 21 ~2 ion Hearing, 55 45 Employees, 56, 62 62 Effective Date: 03/01/98 Revised Date: 080602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Professional Development, 44, 45 Promotion, 62 Public Records Law, 2:[ Recruitment and Selection, :[5 Leave, 34 43 Sick 34 Number, 21 50, 5:[, 52, 53, 55, 63 63 63 59, 63 59 45 ,63 Workplace, :LO 36 36 mand, 49, 50, 53 2, 34 City of Boynton Beac~ 65 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 080602 XII. - LEGAL ITEt-t A.4* CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FOR I Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office luly 17, 2002 (5:00p,m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15. 2002 [] November 6. 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) September 30. 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfirdshedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6~h, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. This Ordinance represents an amendment to Part III, Land Development Regulations, Chapter 1 Article V Impact Fees and Dedications. EXPLANATION: On May 7, 2002 the city Commission adopted Ordinance 02-016 which revised the method for calculating Park Impact Fees for residential development. The purpose of this ordinance is to clarify certain language in the adopted ordinance to insure its proper implementation and intent. PROGRAM IMPACT: Staff will be able to implement the adopted Park Impact Fee Ordinance in a manner consistent with its original intent which involved addressing the impact of large scale residential development on the city's Park and recreation resources. FISCAL IMPACT: None ALTERNATIVES: No change to the existing ordinance will result in the Park Impact Fee being assessed against individual home owners. Department of Development Department Name City Attorney / Finance / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDIN ' CE SO. 02- C AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~,OPMENT ,E V IMPACT FEES :TO PROVIDE INTENT NO. OF 02-016, WHEREAS, Ordinance 02-016 was adopted by the City Commission on May 7, 2002, which implemented a park and recreation facilities impact fee; and WHEREAS, the City Commission upon recommendation of staff, deems it necessary and appropriate to clarify certain language in that Ordinance to assure proper implementation and intent; and NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORK)A, THAT: Section 1. That Article V. Impact Fees and Dedications, Section 3. Boynton Beach fees/dedications., is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in sU'uck through type, as follows: SeCtion 3. Boynton Beach Parks and Recreation Facilities Impact Fee. A. Parks and recreational areas. 2. RECREATIONAL AREAS. (1) PURPOSE OF IMPOSITION OF FEE. SACA~Ordinances\LDR Chan~W,~wis~1053102 Park Fee Ordinance.doc (2) DEFINITIONS. When used in this section, the following terms shall have the following meanings: Applicant shall mean the person or entity applying or required to apply for a building permit by the City code, for the construction of oe, e- three or more dwelling units or for the constmcuon :m ............ ~o~ .v of one or more dwelling units: within a development of three or more units. (3). IMPACT FEE IMPOSITION. The park and recreation facilities impact fee applies to all persons and entities, including but not limited to, businesses, organizations, and agencies, that possess an interest in property upon which residential units are to be d ,,-- +~ difi~ within th City limits constructe , ~'" ~ ,., ~z mc. e Section2. Each and every other provision of Part nI of the Land Development Regulations, Article V Impact Fees and Dedications, Section 3, not herein specifically amended shall remain in full force and effect a~ previously enacted. Section 3. All ordinanc~ or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereofi any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately after passage. FIRST READING this.~ B.t~y of ~--~-"c~ /5 , 2002. S:~12AXOrdinanc~LDR ChangeshRevised 053102 Park Fee Ordinance.doc SECOND, FINAL READING AND PASSAGE this day of ., 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (CORPORATE SEAL) S:~CA~Ordinanees\LDR Changes~a~"vtsed 053102 P~k Fee Ordinance.doe Requested City Commission Meeting Dates [] August 6, 2002 [] August 20,2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL ITEM B.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO~. ~ j~_ f 7 ;~ i~.; ,~'~3 Date Final Form Must be Turned in to Cit~ Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 CNoon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon] November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Legal, Ordinance - First Reading. This item was tabled from the July 2, 2002 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23ra Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Conanercial (LRC) to High Density Residential (HI)R).. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A C~ty Manager's S~gnamre Planning and Zoniflrg[Director City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~PROJECTS~SHOWCASE CONTRACTORS~Kensington Place f.k.a. Showcase Townhomes~LUAR 02-003XAgenda Item Request LAUR 02-003 Showcase Amend 1st reading 8-6-02.dot S:\BULLET1N~ORMSL4.GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- O~q AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA, REGARDING VACANT PROPERTY LOCATED ON THE SOUTH SDEOF SE 23RD AVENUE BETWEEN FEDERAL HIGHWAY AND THE FLORIDA EAST OF WAY; FUTURE :L~ THE THE OF PROPERTY MORE SAD CONFLICTS, DATE. HIGH FOR AND AN EFFECTIVE WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public heating and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as HDR (High Density Residential). Said land is more particularly described as follows: A portion of the Southwest Quarter of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. The South 180 Feet of the North 245 Feet of the Southeast Quarter of Section 33 lying East of the East fight of way line of the .Florida East Coast Railroad and West of the Westerly boundary of the Plat of Robinson Addition as recorded in Plat Book 23 at page 144 of the Public Records of Palm Beach County, Florida. Subject to easements of record. Section 2.'.. That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder o f this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this day of ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLOP, IDA Mayor' Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\ord Land Use - Showcase DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDU~I NO. PZ 02-111 TO: FROM: THROUGH: DATE: Chairman and Members Community Redevelopment Agency Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 3, 2002 PROJECT DESCRIPTION Project/Applicant: Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Agent: Vince Zabik Owner: Showcase Realty and Contracting, Inc. Location: South side of SE 23rd Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way File No: Land Use Amendment/Rezoning (LUAR 02-003) Property Description: Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23~ Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/townhome units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab .occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2~ Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. .Page 2 File Number: LUAR 02-003 Kensington Place Townhomes PROJECT ANALYSIS The subject parcel totals +1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Deparunent of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezomngs are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. ~/hether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase tn dwelling unit density exceeding 50 in the h~trricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in. order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for corn mercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. b. F/hether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and ne~zrby districts, or would cOnstitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property, is designated and zoned for neighborhood-serving commercial development, the conversion fromthe older residential development to commercial uses has occurred only in spots along the portion of SE 23~ Avenue east of the raikoad. c. g,'hether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensin~on Place Townhomes d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined increase in demand for water and sewer serVices by the proposed development would be less than 300 gallons per day above the potential demand under the present, land, use designation and zoning. The Palm Beach County Traffic Engineering project will generate no more the Performance Standards. .~d that the With respect to solid waste, the SWA has stated within a letter dated December 18, 2001 that adequate capacity exists to accommodate'the County's municipalities throughout the 10-year planning period, Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with: the current and future use of adjacent and nearby properties, or would affect the properry values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23~ Avenue remains in residential use, it would not be incompatible with those uses. f. Whether the property is physically and economically developable under the existing zoning. The property is. physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small strip center or medical offices. g. Whether the proposed rezoning is qf a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the variety of types and styles to support general economic expansion. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS ',\Ch\MAIN~HRDATA~Planning~SHARED',WI~PROSECTS~SHOWCASE CONTRACTOILS'~ingIon Place f..k.a. Showca~ Townhom~LLUAR 02.003Xstaffrepon.doc Location Map SHOWCASE TOWNHOMES C3 I / 400 0 400 800 1200 Feet Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORIVl . Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14. 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 6, 2002 City Commission Agenda under Legal, Ordinance - First Reading. This item was tabled from the July 2, 2002 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23ra Avenue between Federal Highway and the Florida East Coast Raikoad right-of-way Request to rezone from C-2 Neighborhood Commercial to PUD Planned Unit Development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A O evelopmer~'l~e~artn~n~"D[¢cto'~ K City Manager's Signature Planning and Zoni~ Director City Attorney / Finance / Human Resources SAPlanningXSHARED\WP~PROJECTSXSHOWCASE CONTRACTORSLKensington Place f.k.a. Showcase Townhomes\LUAR 024)03XAgenda Item Request LAUR 02-003 Showcase Rezone 1 st reading 8-6-02.dot SABULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- O'~C) AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REG~ING THE APPLICATION FOR REZONING BY SHOWCASE REALTY AND CONTRACTING, INC; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A TRACT OF LAND TO PUD FOR AND AN EFFECTWE DATE. be and WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Vince Zabik, as agent for Showcase Realty and Contracting, Inc., owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach; Florida, for the purpose of rezoning a certain tract of land consisting of 1.62 acres, said land being more particularly described hereinafter, from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY TItE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A portion of the Southwest Quarter of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. The South 180 Feet of the North 245 Feet of the Southeast Quarter of Section 33 lying East of the East right of way line of the Florida East Coast Railroad and West of the Westerly boundary of the Plat of Robinson Addition as recorded in Plat Book 23 at page 144 of the Public Records of Palm Beach County, Florida. Subject to easements of record. the same is hereby rezoned from C-2 (Neighborhood Commercial) to PUD (Planned iUnit Development). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by. reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2002. SECOND, FINAL READING and PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\OrdXRezoning Showcase 061002 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-111 TO: Chairman and Members Community Redevelopment Agency Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 3, 2002 Project/Applicant: PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Agent: Vince Zabik Owner: Location: Showcase Realty and Contracting, Inc. South side of SE 23~d Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way File No: Land Use Amendment/Rezoning (LUAR 02-003) Property Description: Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23~d Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/town_home units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (ERC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2~d Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place Townhomes PROJECT ANALYSIS The subject parcel totals_+1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the ComPrehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The pIanning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the portion of SE 23ra Avenue east of the railroad. c. Whether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensington Place Townhomes d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined increase in demand for water and sewer services by the proposed development would be less than 300 gallons per day above the potential demand under the Present land use designation and zoning. The Palm Beach coUnty Traffic Engineering Division has reviewed the application and has determined that the project will generate no more the 200 additional trips per day, and therefore meets the County's Traffic Performance Standards. With respect to solid waste, the SWA has stated within a letter dated December 18, 2001 that adequate capacity exists to ~accommodate the County's municipalities throughout the 1 O-year ptanningperiod. Lastly, drainage will also be reviewed in detail as part of the review: of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23~d Avenue remains in residential use, it would not be incompatible with those uses. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develo, p as a small strip center or medical offices. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the variety of types and s .ryles to support general economm expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adiacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS \\Ch\MAIN\SHRDATA\Planning~SHAREI~WP\PROJECTS~SHOWCASE CONTRACTORS\Kensin~on Pla~e f.k.a. Showcase Townhornes'~LUAR 02-003~staffreport.doc Location :Map SHOWCASE TOWNHOMES ///? ~ R3 / / , / C1 ,03 C3 400 0 400 8OO 1200 Feet Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII.- LEGAL ITEM B.3 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOInzvl Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p~rrL) August 5, 2002 (Noon) August 19,2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Comm/ss~on Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ~] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve amendments to Part H of the Code of Ordinances to provide for duties of the Code Compliance Administrator and other technical amendments; and amending Part HI of the Code of Ordinances providing for the duties and the designation of the position of City Engineer as director of the Engineering Department and to provide for technical amendments. EXPLANATION: Amending Part H of the Code of Ordinances to provide for duties of the Code Compliance Administrator and other technical amendments; Amending Part HI, LDR, will provide for the establishment of the position of City Engineer as the Director of the Engineering Department, and for the City Engineer to take action with respect to technical services provided by the Engineering Department. Amending Part IH will also provide for deletion of obsolete language and clarification of existing provisions, including points of access, drainage, alterations to medians, work within rights-of-way, and processing of applications. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attom~-~fi~ance / Human Resources S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. AN ORDINANCE i ION OF THE CITY OF BEACH, FLORIDA, AMENDING PART II OF THE CODE OF ORDINANCES TO PROVDE FOR DUTIES FOR THE CODE ADMINISTRATOR AND IN PART CODE OF ":LAND ITY OF THE ~, CITY CT TO THE IN PART III OBSOLETE EXISTING TO OF DATE. WHEREAS, the City Commission for the City of Boynton Beach, Florida, ("City Commission") adopted Ordinance Number 095-02 on April 4, :1995, that revised and consolidated the City's regulations govermng the use and development of land and property within the City, in the best interest of the City, its residents, property owners, and visitors; and WHEREAS, the City Commission revised and consolidated the City's Land Development Regulations ("LDR's") in to a comprehensive part of the City Code of Ordinances for ease of use and reference, as stated in Part 3 of the Code of Ordinances of the City of Boynton Beach, Florida; and specifications WHEREAS, certain LDR's which, established criteria, standards, and require periOdic amendments; and WItEREAS, certain segments of the LDR's which require determination for the ~ssuance of permits, signed statements, and permit approval are issued, signed and approved by the Development Director; and WHEREAS, the City Commission, in conjunction with City Administration, created the Department of Engineering, effective October 1, 1999, to be headed by an Engineering Director; and WHEREAS, ~he Director of Engineering shall now be designated as the "City and WHEREAS, the requirements of the LDR's as they currently exists, require certain determinations, and directives, associated with technical services, and these shall issued by the City Engineer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, TItAT: Section 1. That Part II of the City of Boynton Beach Code of Ordinances be, and same is hereby amended to provide that those segments of the City of Boynton Beach of Ordinances which refer to the "City Engineer" and "Director of Parks and should refer to the "Code Compliance Administrator" as indicated in Exhibit "A' and incorporated herein by reference. Section 2. That Part III, entitled "Land Development Regulations" of the Code of of the City of Boynton Beach, Florida, be, and the same is hereby amended to that the title, "City Engineer" shall-' be inserted throughout Part III as indicated in "B" which is attached hereto, and incorporated herein by reference. Section 3. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, is hereby amended so as to designate that actions .... associated with technical service provided by the Engineering Department, shall be performed by the City Engineer and not the Development Director as indicated in Exhibit "B" which is attached hereto, and incorporated herein by reference. Section 4. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and relettering of Part III, "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, as indicated in Exhibit "B" which is attached hereto and incorporated herein by reference. Section 5. Each and every other provision of the Land Development Regulations of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. All Ordinances or parts of Ordinances in conflict herewith are hereby '~ Section 6. repealed. Section 7. Should any section or any provision of this Ordinance or portion tereofi any paragraph, sentence, or work be declared by a court of competent jurisdiction to :~e invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby granted to codify this Ordinance. Section 9. This Ordinance shall become effective immediately upon passage. FIRST READING are approved by the City Commission of the City of Boynton leach on First Reading this day of ,2002. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second, Final Reading and Passage this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner T: Commissioner City Clerk (CORPORATE SEAL) \kIGCDE_FSkLIBRARYM 990X900182.BB\ORD\Ordinance Establishing Position of City Engineer.doc 4 EXHIBIT "A" CODE CODE OF ORDINANCES, PART II CHAPTER 5 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS ARTICLE II. - FRANCHISING AND LICENSING OF CABLE AND OPEN VIDEO SERVICE PROVIDERS. GENERAL PROVISIONS Sec. 5-11(11) Maps. Each cable or open video system operator shall maintain accurate maps and improvement plans which show the location, size, and a general description of all facilities installed in the rights-of-way and any power supply sources (including voltages and connections). Maps shall be based upon post-construction (as-built) inspection to verify location. The operator of each cable or open video system shall provide a map to the city showing the location of its facilities, in such detail and scale as may be directed by the city engineer. New maps shall be promptly submitted to the city when the facility expands or is relocated. Copies of maps shall be provided on disk, in a format specified by the city engineer. CHAPTER 10 GARBAGE, TRASH AND OFFENSIVE CONDITIONS ARTICLE I. - IN GENERAL Sec. 10-6.(a)(4) The owners have ten (10) days from the date of mailing of notice to file a written petition to the city manager oMais-d~bg~ for a heating before a three- person board which shall be composed of the city manager, the director of public works~, and the director cf recreatien and par!cs code compliance administrator CODING: Page 1 of 3 Words in~...~'~'~ ,u..~....a..u t~,..,v_ are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary Interact Files\O LKC 115XExhibit A - Engineering Dept. CODE Name Chg.doc or their designees, which heating shall be held within ten (10) days of the date the petition is received by the city manager. Sec. 10-7.(a) The owner of the property shall have the right, within ten (10) days from the date of the notice of public nuisance provided for in this chapter to file a written petition with the city manager or ~2r, re?reszrXative fora hearing before a three-person board composed of the city manager, the director of public works/~-mgiv, e~ and the ~rectcr c,f recreati,vn an~ ~arks code compliance administrator or their designees, which heating shall be held within ten (10) days of the date the petition is received by the city manager. ARTICLE III. - ABANDONED PROPERTY Sec. 10-52.(c) Whenever the enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on private property within the limits of the City of Boynton Beach in violation of the provisions of this article, the violation of the provisions shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from the date of this notice unless a hearing has been demanded in accordance with the terms of Chapter 10, Article I, Boymon Beach COde of Ordinances within se~,,-¢7) ten (10) days of the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Boynton Beach and the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, on or before the date of posting, the Page 2 of 3 CODING: Words in s~~-~...~v '~'~.~.,~r~.~ t,,-~,~.,v~ are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary Intemet FilesXOLKC I t 5~Exhibit A - Engineering Dept. CODE Name Chg.doc enforcement officer' shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located, as shown by the real estate tax records used by the City of Boynton Beach, and if the abandoned property is a motor vehicle or boat, shall:make a reasonable effort to ascertain the name and address of the oWner and shall mail a copy of a notice to such oWner. The notice shall also advise the person to whom the notices are applicable t ; and/or for a the held within ten Page 3 of 3 CODING: Words in s,~ik-e-ttar~gh type are deletions from existing law;] Words in underscore type are additions. C:\WlNDOWS\Temporary Intemet Files\OLKC115kExhibit A - Engineering Dept. CODE Name Chg.doc EXHIBIT "B" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III Chapter 1 GENERAL PROVISIONS ARTICLE II. - DEFINITIONS CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centcrlinc established by thc ................ v ....... mtV cn~nccr which may or may not be the line midway between the existing or proposed right-of-way lines. INSPECTOR - A city employee as an inspector under the authority and direction of either the director of development, o~a~s-d~,g~,~, the director of public works, the director of utilities, or the city engineer or their designees. STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the d:.rectcr ,~f development city engineer. TECHNICAL REVIEW COMMITTEE (TRC) - A committee consisting of the director of development, the fire chief, the police chief, the director of utilities, the director of public works, the city engineer, the recreation and parks director and the director of planning and zoning, or their duly authorized representatives. Page 1 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. C:\WlNDOWS\Temporary hatemet Files\OLKC115\Exhibit B - Engineering Dept LDR Name ChgO61902.doc ARTICLE VII - APPEALS Sec. 1.D.2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; platting; major/minor site plan or master plan modifications and height exceptions. Sec. 3. the b Appeals from decisions of building board of adjustment and appeals. A. ELIGIBILITY. Appeals of decisions of the board ~r-~ ' ....... "~ ~ building board of adjustment and appeals may be taken by any aggrieved party affected by a board decision. B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar days.after rendition of a board decision. ARTICLE VIII. - DEVELOPMENT REVIEWS Sec. 1. Technical reviews Page 2 of 42 CODING: Words in cdaqk-~t'~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR Changes~xhibit B - Engineering Dept LDR Name Chg061902.doc E. TECHNICAL REVIEW COMMITTEE (TRC) CONSIDERATION. A technical review committee (TRC) chaired by the planning and zoning director or his/her designee and consisting of representatives of the parks and recreation, fire, police, utilities, en~neering, public works, planning and zoning, and development departments shall meet to rewew documents in order to coordinate the technical expertise of TRC members. TRC comments will be forwarded in writing to the planning and zoning department within three (3)days of the meeting. CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY ARTICLE VI. - CONCURRENCY REQUIREMENTS Sec. 11. Concurr~ency Review Board C. Concurrency review board. A concurrency review board is hereby established, which shall consist of the utilities director, the recreation and parks director, the public works director, the city engineer, the planning and zoning director and the director of development, or their duly authorized representatives. The city manager may include himself and/or the city attorney on this board, at the direction of the city manager, either permanently or for the purpose of reviewing particular applications. A quorum of this board shall consist of three (3) members, and all actions by the board shall be by simple majority vote, unless the votes are evenly split, in which case, the vote of the board shall simply be transmitted to the planning and development board. The concurrency review board or its members may consult with the city attorney, city manager and any other government officer or agency involved with the provision or regulation of public facilities, as well as the state land planning agency and the regional planning council, with respect to any matter which is to be considered by the board. CHAPTER 2 ZONING Page 3 of 42 CODING: Words...;" ,,,...--,,~'~ ~*'......ur:,,.~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902,doc Sec. 7. Planned industrial development district. H. DESIGN CRITERIA set forth engineer. shall comply with specificatiOns and standards established by the city 9, Storm sewer system. When approved positive drainage is not available, on-site containment of storm water mn-off shall be provided by the developer. Details on ...... v .............. cxty engineer. the on-site system shall be approved by the '~ .... ~ .....· '~-~*"- ' ' Sec. 11. Supplemental regulations. Sec. 11.3. Environmental review permits C. PROCEDURES 4. Environmental review committee, establishment and .composition. An environmental review committee for the review and approval of applications for environmental review permits is hereby established, which shall consist of the development director, the utilities director,-the public works director~ the city engineer, the fire chief, and the ~ planning and zoning director, or their duly authorized representatives, and any other persons that the city manager may designate as members of the environmental review committee, either permanently or with respect to a particular application. CHAPTER 3 MASTER PLAN REVIEW Page 4 of 42 CODING: Words in st~ke *h ..... *' type are deletions from existing Iaw;] Words in underscore., type are additions. S :\CA\OrdinancesXLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE I. - IN GENERAL Sec. 5. Approval. Upon receiving the approval as prescribed for the master plan from the director of d~qflopm~ planning and zoning or his designee, the developer shall coordinate the preparation of construction plans, the plat and the construction of required improvements directly with ~ the....~.,.'4;"~*~' w^c ..,~'~ ....· .,.-.v....~..~' ...... city engineer as hereinafter prescribed. CHAPTER 5 PLATTING ARTICLE II. - WAIVERS AND SUBSTITUTIONS Sec. 1. Waivers B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver of plat to the~--"4:~+~,.,~,- ,.,.'"C ~,"~"~1, '~'"'P"'~'~"~+ city engineer who shall review the application and determine if one of the foregoing conditions exists and, upon affirmative detenuination, shall delete waive the requirement for platting. C. Appeal of Waiver denial decisions. When the d ............... t- ....... engineer determines that an applicant is not eligible for a waiver to platting, the decision to the bc .......... e..~vv .... may be appealed ~..~ ^c ..,...; ....... '~ City Commission as outlined in Chapter 1, Article VII. D. Requirements in lieu of platting. If platting is ~ not required, a certified survey shall be submitted to the ~re, ctc. r cf ~c.:'e,!c. pme, r~ city engineer who may require deeded rights-of-Way and easements, reservations or improvements required in connection with platting under this ordinance, including the posting of surety to carry out the intent and purpose of this ordinance. Sec. 2. Substitutions Page 5 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name ChgO6lg02.doc A. Eligibility. A boundary plat may be submitted when the portions of an existing subdivision or res"~i;'isicn parcels of land being assembled to create a~single developable property is of such simplicity or is surrounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre- application submittal. · waiver. The submission of a master plan for a boundary plat may be of the directc, r cf dzv~!cpment city engineer. ARTICLE III. - ADMINISTRATION For the purpose of coordinating, enforcing and administering this chapter, the dir-eemr-~ ~ city engineer shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the,~..,~,~.~.~:-~- ,,.AC ,.,~ .... ' v'"t~''''~''~ ..... * city engineer or his ~,.~.~.4~ ........ ~;~'~ designee following consultation with the planning and zoning director. ARTICLE IV. - PREREQUISITES TO PLATTING See. 1. Approved master plan. Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as outlined in Chapter 3 of Part III, Land Development Regulations of the City of Boynton Beach, Florida must be obtained. For individual minor properties the master plan may be waived at the sole option of the planning and zoning director ~ or his designee. Sec. 2. Pre-application (preliminary plat). The purpose of the optional pre-application procedure is to allow the developer and the planning and zoning director eg--d,~qopm.~ the oppommity to consult informally prior to the preparation of the plat and formal application. A. A written pre-application (letter request) shall be submitted to the planning ,,,,.x .... consist of and zoning director o-f-d.~mc~. The written pre-application shall .... ~- the following: Page 6 of 42 CODING: Words in ~*~-~ a. ..... ~- t~,e are deletions fi.om existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR ChangeskExhibit lB - Engineering De'pt LDR Name Chg061902.doc e;v ~,:x Four (4) copies of the written statement previously submitted with the master plan in accordance with city requirements. Six r'~x F,,,-' i4~ copies of the preliminary plat in accordance with city requiremems. o A ~fee as adopted, by the City Commission to help defray the cost of processing the preliminary plat. B. Upon receipt of the statement and fee, the planning and zoning director of ...... ,:h~ll ~; .... ~ .... :~. ~ mot' _.~.~.. m~,~ .~;.~,-,.~ ~+' ~ .... ~^~ent -'i!1 then :~;'ise. the d.%'c2~.~er of the time and place cf TP.C meeting. The. alert, loper m.".y notify the city engineer of the need for plat review. ARTICLE V. - PLAT PREPARATION AND APPROVAL Sec, 1. Preparation of final plat. Asa ~;""~....,.. :t~ :-... '~'~.~ .~.~v;~:v.,,. ~.,,,,~,.,..,,~'~ ..... to To obtain approval for a subdivision in the City of Boynton Beach, the d, ~ city en~m :er, shall n surety as outlined in this Article, Section 3, made payable to the City outlined in this Article, Seetion 2, City Commission agenda.~ No in shall be accepted and maintained approved by the d engineer, as well as and the improvements are completed, both ~veloper shall submit a final plat to the direeter-~ ify the planning and zomng director, and shall post ;ection 2, paragraph A2 and Chapter 7, Article 1, )f Boynton Beach together with restoration surety as tragraph A3 prior to placing final plat approval on a r0ve~ents, i~acluding streets,i drainage ~d the like ~y the city unless and until the final plat has been me.--~ professional surveyor and mapper and the city ty Commission; duly recorded; and all required ublic and private. IITi*T,;~ ~;v /~A ..,..,..--+T.. ,,e...~ +1.,~ ,4.+~ ~-I:' +'1. .... d:--~'er cf de-'e!c-ment Failure tn submit the final olat to the city engineer within six (6) months from the date of application shall require a re-submittal. C. The final plat shall conform to the approved master plan Page 7 of 42 CODING: ' P 'l'a *~ .....~ Words ~n .,m ....... o-- type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDK ChangeskExhibit B - Engineering Dept LDR Name Chg06[902.doc D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 x 36) inch linen, chronoflex, mylar or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Fl°~ida and is to be clearly and legibly drawn with lblack permanent drawing ink or inch equals one hundred (100) feet, or as otherwise determined by req ;: 6. DEDICATIONS, CERTIFICATIONS ~ APPROVALS. a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication ~. All areas reserved for use by the residents of the subdivision shall be so dedicated. All areas reserved for public use, such as parks, rights- of-way for roads, streets or alleys, shall be sc way and easements for drainage purposes be dedicated by the owner of the or 1 .D.6.b. for utilities, rights-of- however designated, shall recorded. When the owner is by the president as set forth in Sec. d. City approval. The plat shall be reviewed for conformity to Chapter 177, Florida Statutes, as amended, bY a professional surveyor and mapper either employed by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the directcr cf d~,~lopm~ city engineer and with the acknowledgement and signature l:Ic, ck of the city clerk. Certification of title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (2) That all taxes have been paid on said lands as required by Section 197.051, 197.192, Florida Statutes, as amended; and, Page 8 of 42 CODING: Words in ~'~ ~.:rcug:, type are deletlons from existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 13. PLANNED ~ DEVELOPMENTS. All plats for planned 'a.~2t developments shall contain ,,m. ,~rrv' ,,;**,:_,,.,_.. *~'~,.~ *:*'~,.~.~,. be identified as to the type of development being platted. All planned unit developments shall contain "P.U.D.' within the title: all planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat. See. 2. Submission of final plat. A. Upon completion of the foregoing requirements, six sets (6) copies of the final plat shall be submitted to the office of the director,,.~*' ~., .4 .... · .---,t----~--~ ...... city engineer and be accompanied by the following: 1. ~ Four (4) sets of the construction plans approved for technical compliance and approved health department permits for sewer and water in accordance with city requirements; and 2. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmission systems, water distribution systems and transmissions systems which will be conve ed to the C~ty upon completion of then' construction ....... Page 9 of 42 CODING: Words in o~w ,r. ..... h · ............ r~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinanccs\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc deem: apprc, p.~ate. Chapter 7; and Surety, shall be in substantially the form and mount delineated in city engineer,~i.e, deeds, easements, drainage or utility service; and B. '~*~ ~*' '~ .... ~ ..... * city engineer or his designee, shall examine the final plat as to its Compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within t~ (30) -days, report his finding, recommendations or approval to the developer in writing. Reference shall be made to the specific article, section and paragraph with which the final plat does not comply-: If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance, and lies with of Florida and the ordinances of the City of Boynto~ ci_ty engineer shall submit the final plat to and final plat approval. The City Commission may after its approval also require county approYal prior to recording. Sec. 3. Final plat recording requirements. the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if ARTICLE VI. - PREVIOUSLY PLATTED SUBDIVISIONS Sec. 4. Waiver. In portions of a subdivision which are not under the control or ownership of the developer, the ~,~L~'ectcr .~f de~.'e!cpmerX city engineer may waive the additional fight-of- way requirement set forth in paragraphs A through C of Section 3 hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of-way. Page 10 of 42 CODING: Words in :~2~e ff. rcug, k type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineenng Dept LDR Name ChgO61902.doe ARTICLE VII. - LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued by the director of: development following consultation with the city engineer in conjunction with the approval of and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. ARTICLE I. - IN GENERAL CHAPTER 6 REQUIRED IMPROVEMENTS Sec. 2. Commencement. Construction of required improvements shall not commence until a land development permit has been is-sued except that a clearing and grubbing permit and/or an excavation/fill permit may be issued prior to the land development permit. Sec. 3. Administration. For the purposes of coordinating, enforcing and administering this chapter the -~:-~*^- ~*'-~ .... ~ ..... * city engineer shall be the administering officer. Tangible improvements are required as described in this chapter and the city standards, in conjunction with the development of real property within the city limits. ARTICLE III. - IDENTIFICATION OF REQUIRED IMPROVEMENTS Sec. 4. Clearing, grading, filling. Grade, excavate and/or fill to comply with this chapter, taking into consideration the existing and future grade of adjacent properties and fights-of-way. Prior to commencement of any construction activity on the site a reclamation plan in compliance with Chapter 8, Article III, Section A, paragraph la shall be approved by the dir-eemr-of d~v~epmem city engineer. Clear all rights-of-way and make all grades for streets, alleys, Page 11 of 42 CODING: Words...i., ~.......~'~'~ .~-..~....c,..~. type are deletions fi.om existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangesLExhibit B - Engineering Dept LDR Name Chg061902.doc lots, water tracts arid other areas compatible for drainage as prescribed in the drainage design. Type of fill within dedicated fights-of-way and other dedicated land shall be satisfactoD ~ased on soil tests provided and of ~11 be enhanced but will not affect proper drainage of the area. Sec. 11. Sidewalks. Sidewalks shall be constructed on both sides of ali local and collector streets, and on one side of marginal access streets in all areas. They shall be constructed concurrent with building construction. A. Waiver. A required sidewalk may be waived by the ~ city eneineer in platted or unplatted subdivisions when it is determineM_l_ that adequate pedestrian circulation is provided by bicycle/pedestrian paths. The control, jurisdiction and maintenance obligation of bicycle/pedestrian paths not located within a public fight-of-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements. Sec. 14. Street lighting. Street lighting is required on all public street rights-of-way. Applicant is responsible for sUpplying and installing a system acceptable to Florida Power and Light Company and the,~..,,,,,,,.'~:"~'~ v."*' ,.,, ~ ..... v.,,t,...~.~t~ ..... · city engineer. Upon completion and demonstration, the city will extend its current agreement with F.P.L. and absorb the energy cost of street lighting on city streets. Street lighting is optional rna private streets and the cost of supplying, installing and providing energy and life long maintenance is the sole responsibility of the applicant and its successors or assigns. Sec. 16. Traffic control devices. Page 12 of 42 CODING: Words in s~&,, **'~.-- ..... v ~r~-~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changeskl~xhibit B - Engineering Dept LDR Name Chg061902.doc The developer shall install traffic control devices on roads within and interfacing with the subdivision· The developer shall conduct a A traffic impact analysis meeting the · + ,.~,-1~ 1~ . ' ' ' approval of the d:rec,cr .,. ::~ve~.~vme. n, cny engnneer who shall determine the traffic tigt~ control requirements. ARTICLE IV. - DESIGN REQU2REMENTS FOR REQUIRED IMPROVE~NTS Sec. 1. Access. Point of Access. 1. Along local streets, the point of access to lots shall be at least thirty (30) feet from intersecting right-of-way lines, providing the interior lot angle at the intersecting lines is 90° or greater. If the interior lot angle is less than 900, the access point distance will increase, and be determined by the city engineer or his designee. On zero lot line comer lots, access points shall be located a minimum of twenty-five (25) feet from the intersection of the projection of fight-of-way lines to the near edge of the driveway. Access to townhouse clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts providing the length of access does not exceed six hundred sixty (660) feet. Subdivisions shall be designed to provide access to all lots by the use of local streets. 2. Along collector streets, the point of access to lots shall be at least fifty (50) feet from the intersecting right-of-way lines, incorporating the same angular parameters noted above. Mid-block lots shall meet access point separations in accordance with city standards. 3. Along arterial streets, the point of access to lots shall be at least one hundred twenty (120) feet from the intersecting right-of-way lines, incorporating the Page 13 of 42 CODING: Words ~n ........... e,-- type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc same angular parameters noted above. It is the intent to minimize the number of access of the lot adiacent to the lanes. :departing the intersection. The access points shall be approved by the city engineer or his designee. the are is shall driveway of .standards for Sec. 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of- way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall have inverted crowns with three-eighths (3/8) inch per foot traversed slope. The alley grade shall not exceed five per cent (5%) or be less than t?2Xy ~,*-~ ~ .... ~ (0.40¼) unless otherwise approved by the hm: ...... forty-hundredths per cent ~ -mo/~ o · :,~,~,, As-,~ .... ~ ..... * city engineer. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited, Sec. 3. Blocks Do Limitations and opportunities of topography. 1, Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the director zf ~e~.'e!zpmer~ city engineer. Page 14 of 42 CODING: Words in ~,~v~ ,h ....~ tyne are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Sec. 5. A. Drainage and storm water treatment DRAINAGE. 2. Components d. Metal pipe used beneath p.a~ement or parallel within the right-of-way shall provide a joint-free installation. Where joint-free installations are not feasible pipe shall be jointed with a twelve-inch wide band h~tving a mastic or neoprene gasket providing a watertight joint. Other jointing techniquesmeeting or exceeding these requirements may be used ' ,~; ....... c.~ .... ~ .....· · · if approved by the ............... t-, ...... cxty engineer. e. Alternate types of pipe material may be considered for storm sewer systems within the fight-of-way, including high-density corrugated polyethylene pipe (double wall) (HDPE), covered by and eonforrfiing ~o current ASTM, AASHTO or ANSI standard specifications for materials and fabrication of barrel and joints, and shall meet current FDOT standard specifications and: policies applicable to the intended use. The use of this alternate will require written approval from the city engineer. structures. Pipe shall be fitted with headwalls, endwalls, inlets and other appropriate Catchbasins and manhole covers shall be bicycle proof. 3. Dedications. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way Shall be dedicated for future needs. Exception: developer may excavate or open sufficie,nt ?apacity to provide for existing drainage needs whenever the developed or undeveloped .~tatus of adjacent areas so wax:rants, subject to approval by the d ............... v ....... cay engineer, STORM WATER TREATEMENT 2. Components Page 15 of 42 · ,...:~,~ +u ..... u tions law;] CODING: Words tn .......... r:,-- type are dele from existing Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangesXExhibit B - Engineering Dept LDR Name Chg06 t 902.doc c. Swales may be substituted for storm sewers to convey and collect surface waters. MLmmum and maximum s ale grades shall be ......... v ................. m accordance with city standards. Maximum swale grade is limited to that:grade which will produce water velocities below the threshold of erosion, x,r,v: ....... ,~ ~:.~ ~, :~ s?,.ll net excee-d fc.",~-tc on, (4: I). Typical swale sections shall follow City standards. d. Water management tracts easement with a maximum side slope of elevation. control elevation ~ in accordance with maintenance control below 4. Alternate treatments. :Alternate treatment methods or facilities which in the opinion of the ,' ' ',' equal ' to the above accompanied by principles, See. 6. Easements. A. UTILITY EASEMENTS. Easements, a minimum of twelve (12) feet wide shall be provided to accommodate all required utilities across lots with convenient access for maintenance, and Where possible shall be centered on lot lines acc::: fv.r m~:~nten~:e. Easements ten (10) feet wide shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements or larger utility easements may be required by the city when, in the opinion of the d':rectc, r ~ city ~en~neer or his designee and/or the utilities engineer, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless otherwise approved by the director of utilities and the,.,_,,,,~,,,'~:-~^- ,,~' ,,,,. '~ .... -,~,-v--~,--~' ..... · city engineer. Where easement crossings occur, drainage easements shall take precedent. Sec. 10. Streets Page 16 of 42 ~n s .....a,-,-r:,,~ type are delet~o from existing law;] CODING: Words ' ~.~ ,t. ..... ~, ' ns Words in underscore type are additions. SSCA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name ChgO61902.doc C. STREET PAVEMENT WIDTHS. Street pavement widths shall be as fe,!!cw:: constructed in accordance with city standards. D. DEAD-END STREETS. Dead-end streets shall be G. ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Alternate types of pavement, base and subgrade which, in the opinion of the director cf de~topmem city engineer, are equal or superior to those specified may be approved. Application for such approval shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the alternate types are equal or superior to those specified. I. STREET GRADES. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed two and one-half per cent (2½%) unless adequate protection for 'erosion is provided. Swale section grades shall not be less than ~.;.~y thirty-two hundredths per cent (4-.3-g¢) (0.32%) and gutters section grades shall not be less than ~emy twenty-four hundredths per cent m k'-"' ................ v .......mty engineer. Road (0.24%) unless otherwise approved by the ":"~"*~- ^r ~ .... ~ .....· · ' drainage shall be shown on development plans by direction, percent of fall and with a centerline distance between control points. Page 17 of 42 CODING: Words in,.*,-11~ ,t. ..... ~ ~C ........... ~ -.,v are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Nm Chg061902.doc R. ALIGNMENT, TANGENT, DEFLECTION, RADIL Streets shall be laid out to intersect as nearly as possible at fight angles. Multiple intersections curvature of any local street shall not be closer All inters~ T. SIDEWALKS Sidewalks shall be fear (4) *'~' "':~ .... "*':~ ~'~ n~- £e~t consmacted in accordance with city standards,., SidewaLks shall be placed with~ ~ ;~'~--~ o~. way one (*) foot ~om th~ ~t-of-way line .~ess othe~se approved by the ~:.~...~. ~c A .... ~ ..... * city engineer. y. ALTERATIONS TO MEDIANS STP-~mSA-: Whenever alterations of medians sa4ps are deemed necessary by the City Commission for the promotion and protection of the health, safety and general welfare of the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects. /'1 1 ,"~0/% page 18 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore, type are additions. S:\CA\OrdinancesLLDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc Z. IMPACTS OF CONSTRUCTION. Ail construction activity regulated by this Code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New en of the affected sites. new residential developments, on existing with this Florida licensed certificate of occupancy. ance from a issuance of any Sec. 11. Street lighting. Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of:cul-de-sacs, and wherever, in the opinion of the d ........ ~evelcpment cit~ engineer, a dangerous condition is created. Between intersections, streetlights may be engineered for security purposes only. Streetlights shall be wired for underground service except where aerial service is permitted by Section 13 of this article. Sec. 13. Utilities. Utilities, including power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights and gas shall be installed underground. This section shall apply to all cables, conduits or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution system, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to the subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of Page 19 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR Changes~Exhibit B - Engineering Dept LDR Name ChgO61902.doc the underground distributions system may be placed above ground, but shall be located so as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed of utility authoritfs rules and that is of the shall be Sec. 15. Medians ~'-:"° and entranceways A. MEDIANS ~. Medians ~"" which are part of a dedicated or deeded fight-of-way may not be utilized for any purpose other than by the city or a public utility. If a developer desires to beautify a median sa4p in a subdivision: he may do so by placing grass and shrubs of small root structure within the medians strip under the right- of-way permit issued by the,,,,.,,,,,..'~;-~+"' ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS See. 2. Administration of construction. After issuance of a land development or-del: permit by the director of development, a developer may construct the required improvements subject to obtaining all required ............ + ,-*' .... *- ....... +:~- Construction shall be performed under the surveillance of, and shall at all times be subject to review by, the director of development and/or the city engineer or .*'.is their designee; however, this in no way shall relieve the Page 20 of 42 CODING: Words,,,;- oo*'4t'~ ........... **' ..... r~-" "~'~Jv', are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc developer and his .Florida registered engineer of the responsibility for administration, coordination and final compliance with the approved plans, specifications and all applicable rules, ordinances, resolutions, laws, etc. The director of development and/or the city engineer or his their designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress reports at points, of progress prescribed by the d'2r,ectcr cf develcpment city engineer as well as final certification of completion of required improvements. The developer's CO ' ' ,4;~+~ ^,c .-1 .... 1 ..... + engineer shall'coordinate nstructzon with the ..~ .............. t- ....... city engineer, or his designee shall have the or his engineer to administer and/or y this ordinance SeC.r 3. Measurements and tests. require, at his discretion, tests and Sec. 4. Construction documents~ A. PREPARATION DOCI~ENTS. Upon the developer shall prepare and engineer, within six resolution of the City CommL, subdivision the developer may subdivision in ~ phases. master plan ~ as must be approved by the SUBMITTAL OF CONSTRUCTION plan by the TRC City Commission, to the '~-~+~- As-~ .... ~ .....+,~ ~c,~ ity four (4) sets of signed and sealed construction g with a nonreimbursable fee as adopted by ayable to the City of Boynton Beach. The (2) or more mer-emems phases and plans~,..,.~-'~ -~+v.,., for approval to develop the plans and plat shall coincide With the any ~;^-...~.jv. deviation desired by the developer the developer and resubmittal. B. CONSTRUCTION PLANS The plans shall be so qomplete that from them a complete review and analysis can be made with6ut research of any outside data. The plans shall consist of and contain, but shall not be limited to:~ e. Construction details showing compliance with city standards, or alternate design as apprdved by the director cf dzve!cpment city engineer. Page 21 of 42 CODING: Words in ~ type are.deletions from existing law;] Words in underscore tYPe are additions. S:\CA\Ordinances\LDR ChangesX~Exhibit B - Engineering Dept LDR Nar~e Chg061902 doc h. Soil analysis, showing the locations and results of test borings of the subsurface'condition of the tract to be developed. Where impervious soils are design to cope assure proper drainage l and ~ea. Co construction plans as to regulations, plans, engineer that the plans do review the of the }er' s 1 When the ;'~^' ^~ ~ .... ' ..... "~ ~ffic" ci*" engineer finds that the construction plans f~r,-subtmtt~ do not meet the provisions of this ordinance, the shall advise the developer's engineer in writing and. paragraph with which the plans and plat ( engineer 'shalI make the ~ lions as defined in the written statement and shall resubmit the construction plans. 2. When the ordinance, the so advise the developer. 3. When construction plans are not engineer will conSult with the what changes are required. approves the construction famish a written statement Upon receipt ~ t~,, four (4) time of submission of the that the and/or the developer's to determine .......... t~ ....... C e eer shall so advise the developer's engineer and and sttrety establishment. submit ~;v sewer permits, at the plat., ' Sec. 5. t~....,:n.....~ ~e .... ~" Comnletion of Improvements. Page 22 of 42 Words ~n ........... e~- type are deletions from existing law;] CODING: · Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering EL-pt LDR Nam~ ChgO61902.doc apPrOVal 6~q~ired imp In order to obtain final rovements ~-- *~ ~;-~- ^~ de~,~pme~, the developer shall submit the following documents to the city engineer for acceptance: Sec. 6. Time extensions. All required improvements shall be completed within twenty-one (21) months of the date of issuance of the land development orde~ permit. Time extensions may be considered by the City Commission upon recommendation by the director of development, in consultation with the city engineer, after the developer presents a written request for extension to the office of the director of development prior to the expiration of the permit. No time extension shall exceed one year. ARTICLE VI. - ACCEPTANCE AND MAINTENANCE OF REQUIRED IMPROVEMENTS Sec. 1. Workmanship and material agreement. The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the..~.~,~.~:'~*^~ .,.~c --~ .... · ~-,w-~-~ ..... * city engineer guaranteeing the required improvements that are dedicated to the public against defect in workmanship and material for one (1) year alter acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the c;*,, ............... ~-' simultaneously with the satisfactory delivery of the ~ documents required in Article V, Section ~ of this chapter. Sec. 22 Acceptance of dedication and maintenance of improvements. The dedication of public space, parks, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by resolution of the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. The dir-eemr-~ de~epmem city engineer, upon satisfactory completion of all improvements, shall notify the City Commission that the developer has complied with all of the provisions of this ordinance and shall recommend acceptance of the dedications and, when applicable, the maintenanCe of the required improvements. Upon such recommendations the City commission, by resolution, shall approve the s-'..b~.2-Asicn development, the dedications on the plat and the maintenance responsibilities of the required improvements identified thereon. Page 23 of 42 CODING: Words in std-k-~-t~-~a~a type are deletions fi:om existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangcsXExhibit B - Engineering Dept LDR Name Chg061902.doc Sec. 3. City completion of required improvements. When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly owned and maintained improvements or restore the site to its such case, the City Commission . upon the guarantees Sec. 4. Construction and permitting. A. PLANS. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans and an application for such work to the director.,~'c ~ .... · .~--,v---~---' ...... city engineer for a dredge, fill or excavation pemfit. Prior to the issuance of such a permit, the plans shall be approved by the director ^c **.~ ~--~-,~-. ^r ~ .... , .....* city engineer. Sec. 6. Dedication. A. DRAINAGE EASEMENTS. Where, in the opinion of the ~ d~q~.mc~ city engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city. C. MAINTENANCE. Perpetual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property owners' association unless the right-of-way or easement is public. In those cases maintenance maY be dedicated to the city for the limited purpose of providing minimum drainage as determined by the ~ d~.~q~pre,.~ city engineer. Page 24 of 42 CODING: xxr,~....~o,, ,,.,.,o ,..;" ,,.....,,~"'a~ +~..~.,~r:,..h type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doe ARTICLE I. - IN GENERAL CHAPTER 7 SURETY Sec. 2. Applicability. C. Periodic reduction in surety. From time to time during progress of the work the developer may request that the c ~ .... ~ .............. ............ .~ ,~.~, **.~ r-;,...~ r,^~;~;^~ ........ city engineer reduce the dollar mount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to complete the obligation. In the case of surety for required improvements associated with subdivision development, five (5) per cent of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and :material. The final release in surety of the remaining balance of the sureW by letter: of credit or other instrument, shall be approved by motion or resolution of the City Commission with the recommendation by the appropriate department and/or the city engineer. Sec. 3. Types of surety. LETTERS OF CREDIT 5. No letter of credit shall be deemed accepted by the city until accepted by motion or resolution of the City Commission following review and approval by the city attorney's office for legal sufficiency and by the finance department for the bank's rating. 6. Original letters of credit shall be maintained by the c-g-y--ete~ finance department and shall be clearly identified as to the project or contract for which it is issued. CHAPTER 7.5 Page 25 of 42 CODING: Words in c,~a4k-~-hrqmgh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.do? ENVIRONMENTAL REGULATION ARTICLE II. - LANDSCAPE CODE Sec. 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise have been granted, and said permit or certificate is requested by the developer, the city may enter into an agreement approved by the city attorney with the owner or his agent that the provisions and requirements of this will be complied with. In that case the owner or his agent shall post a performance bond or other city-approved surety in an mount equal to one hundred and ten (110) per cent of the costs of materials, labor and other attendant costs incidental to the :installation of the required landscaping based upon an estimate provided by a qualified landscaping contractor. The surety shall: A. r~,... ,,. ,~.~ r~,., t-,.----:--:.... Name the City Commission as beneficiary. B. Be in a form satisfactory and acceptable to the city maaag~ attorney and the finance director. C. Specify the time for the completion of the landscaping requirements of this article as determined by the city manager. CHAPTER 8 EXCAVATION AND FILL REGULATIONS ARTICLE III. - PERMITTING A. Permit application and review. Landowner or his agent shall secure a · ~^. ^v ~ ....~ .....· city engineer permit for work described in this chapter from the dir as follows: Page 26 of 42 CODING: Words in s~!:z t~r.~t:g~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes\Exhibit B - Engineering Dcpt LDR Name Chg061902.doc 2. Reviews. a. Commission review. (1) When required. The applicant must secure approval of the City Commission for ali work which includes the moving of more than 1,000 cubic yards of materials beyond the project property lines. Exception: work associated with plat approval does not require second Commission approval; however a permit shall still be secured through the city engineer for the movement of stated materials. 3. Permit issuance. An excavating, filling and/or dredging permit or permit to construct within the public right-of-way A... pem~ .... * shall be issued by the '~: ....... v ~ .... ~ ..... * city engineer prior to any work being performed. If the excavating, filling and/or dredging is a part of a land development permit application, then the permit shall be issued by the director of development prior to any work being performed. B. Permit fees. Fees for excavating, filling and/or dredging and for permits to construct within the public fights-of-way will be as established by the City Commission by resolution(s) from time to time, and will ~e` the. :amc az unless otherwise identified by separate resolution, the fees for excavating, filling and/or dredging as set forth under a land development permit application will be used. D. Exemptions. Single-family and duplex residential lots are hereby exempt from securing a separate permit pursuant to this Article. ARTICLE IV. - CONSTRUCTION A, Creation of water bodies. In instances involving the creation 'of water bodies as a result of excavating materials, work shall comply with the requirements of the water management district except the city may impose more stringent requirements when judged to be in the public interest. Those requirements include, but are not limited to, the planting of fifty (50) per cent of the lake perimeter with approved littoral and upland plantings. Page 27 of 42 CODING: Words in st~2~fl,,r-~h type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc All water bodies such as lakes, canals, and other storm water detention areas used for storm in water management tracts shown on The lakes, shall, be c Official copies o£ the priOr 'to issuance of a certificate of completion. Inspections andreports. 1. Inspections by city. In connection with the administration of this chapter, inspections shall be requested by the developer as prescribed by the director of construction is part of a land ; for excavation, work within the public right-of-way, and will become a part of the final record of the proiect for which the permit is applicable. C. Stoppage of work. Failure to comply with the plans of record shall result in an order to stop work from either the director of development or the city engineer or h/s their designee. Sec. 3. CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS Telecommunications Towers. Minimum standards. $. 18: Inspections. Page 28 of 42 CODING: Words in st~6k~-tb~gh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc a. Telecommunication tower owner's shall submit a report to the city building division, department of development, certifying structural and electrical integrity on the following schedule: (1) Monopole towers - once every five (5) years; (2) Self-support/lattice towers - once every two (2) years; and (3) Guyed towers - once every two (2) years. b. Inspections shall be conducted by a Florida registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower. c. Should the building division, department o._f development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections if there is :evidence that the tower has a safety Problem or is expoSed to extraordinary conditions. 6. 19. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemical purposes, unless the city fire marshal determines that the proximity of a telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes. ;z. 20. Fees and charges. Public land or right-of-way lease agreements shall be established by separate instrument. 8. 21. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined approPriate by the City Attorney. Page 29 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. SSCA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name ChgO61902.doc CHAPTER 21 SIGNS ARTICLE II. - VARIANCES/EXEMPTIONS AND PROHIBILITIONS Sec. 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the l:car~ ~*',,. ,~,,~^~; ..... ....... ~ ,.vw~..~'~ City Commission pursuant to Chapter 1, Article VII, Sec. 1.D.2. of these regulations. The ~'^"~'~,,,~.,. -,-^*' ~^~;,~,~-,~-~, ....... ~vv,,,..~ City Commission may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The b~.~ ~c-,,.-~ ....... ~ c~i*,, Commission may only grant a variance to: A. Allow a setback less that that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or this code, Allow the number of signs to be increased over the maximum allowed by No variances may be granted to signs expressly prohibited by this chapter. CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. - IN GENERAL Sec. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated cna nmmz~ca! q..:a'?~nt b"~,: in accordance with city standards. Such designation shall be vested in the director of development who ..-nay shall also maintain the city's master land file and allocate secondary street designations at his discretion. Page 30 of 42 CODING: · ~t.~ ,u ..... ~. e deletions from existing law;] Words ~n ........... ~ typ are Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Sec. 5. Sidewalks, when required. A. Waiver. Upon the recommendation of the '~;~*~ ^c .~ .... ~ .....· ................ v .......city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent nearby properties previously developed without sidewalks. An application fee~ as adopted by resolution of the City Commission, shall accompany applications for waiver of this section. ARTICLE II. - CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards. All work performed in public or private rights-of-way shall conform with the current Department of Engineering Design Criteria and Standards Handbook gta~ Sec. 2. Application required; contents, An applicant for the permit required by Section 7 hereunder shall file with the d:.~^. ^c ~ .... ~ ...... city engineer an application showing: A. Name and address of the owner, or agent in charge, of the property abutting the proposed work area; B. Name and address of the party doing the work; C. Location of the work area; D. Attached plans, or sketch, showing details of the proposed work; E. Estimated cost of the work; F. Such other information as the a; ....... ~' -~ .... ~ ...... city engineer shall f'md reasonably necessary to determine if a permit should be issued hereunder. Sec. 3. Permit fees. Page 31 of 42 CODING: Words in ~ type are deletions fi.om existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc Fees for work within public fights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each curb, sidewalk, curb-cut, driveway or street to be altered Sec. 4. Permit issuance. Th,- ~;'~*.e' er a~"e~cnment city engineer shall issue a permit hereunder when it is found: A. That the plans for [ by the City Commission or that they have been )evelopment Regulations. B. That the work will be done according to the standard specifications of the city for public work of like character. C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties: D. That the health, welfare and safety of the public will not be um'easonably impaired. Sec. 5. Inspection, approval. A. A person doing work under this article, or his agent, shall call for inspection~.. :~ "~';~'..-.-.~, a minimum of forty-eight_ (48) hours prior to starting work. The ~:.~,^. ~r ~-':!c-me"* tim ent, ineer and/or his designee shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon completion of of ..... streets, sidewalks or other public ways, approval shall be required prior to release *'~ surety. B. In the event it should be necessary to have the services of a Florida registered engineer for any inspection, or technical approvals are deemed necessary by the dir:ctcr ~,s. ~ .... ~ ..... * city engineer, such expenses shall be borne by the applicant. Sec. 6. Surety. The d ....... cf ~ .... ~ ..... * ciw engineer shall have the authority to require the applicant to provide adequate surety to protect and save harmless the city from all claims CODING: Page 32 of 42 Words in st~k~hhrq~gh type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc for damages or injury to other persons by reason of work under his permit. Such surety shall be equal to One hundred ten per cent (110%) of the estimated value of the project. Sec. 7. Work within rights-of-way. A. Permit required; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or upon any area of pubhc.or private rights-of-way in the city without first obtaining a permit as :provided in this section. The permit shall entitle the applicant to work in a maximum of one thousand six hundred (1,600) lineal feet of right-of-way. A separate permit must be obtained for each additional one thousand six hunted (1:,600) lineal feet of work. Where the work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits be issued for one location. For proiects that consist a as one permit of work. The permit shall be in the custody of the foreman or designated representative at the work site. B. Permit Application. An applicant for the permit required under this section hereunder shall file with the d/rector,..~' ,.,. '~ .... · ,,,,-t----,,--~ ..... · ~.~,q*,,, engineer an application showing the following:. 1. Name and address of the contractor performing the work. Name and address of the per-son owner or company for whom the work is being performed, and the property abutting the proposed work area. 3. Location of the work area. 4. Attached plans, or sketch, showing details of the proposed work. 5. Estimated cost of the work. 6. Such other information as the city engineer shall find reasonably necessary to determine if a permit should be issued hereunder. D. Permit Issuance. The '~'^~ ^*' '~ .... ~ ..... * city engineer or his designee shall issue a permit hereunder when h~fmds-lt~ the work complies with the provisions of this Code of Ordinances and Land Development Regulations. Page 33 of 42 CODING: Words in :,~kz *~'.,....,.e,..~' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~xhibit B - Engineering Dept LDR Name ChgO61902.doc F. 'Safety precautions. Devices used to safeguard job site and all traffic control devices and. techniques shall conform to the current, standards set forth in the ~ of I. Guarantee of pavement, All pavement replacement work within rights-of- way shall be guaranteed by the contractor for one year, and any failure or problems developing due to the construction or reconstruction of the pavement will be the the ......... responsibility of the contractor, to be repaired by him as directed by '"-~*~- ^*' de~,opme~ city engineer or his designee, at no cost to the city. K. Replacement of sidewalks, curbs and driveways. Sidewalks, curbs, gutters and driveways, if removed for construction, shall be replaced in accordance with current city standards and specifications, and no pavement shall be placed without prior inspection of forms and excavation by the director cf dev~,!.~pme:'~ :city_ engineer or his designee. L. Compacting surrounding area. All backfilled areas within six~,,,t~:x ei~_.ht (8) feet of pavement shall be compacted/stabilized to meet a xr.~ .... *' ~ P.S !: current city standards. No Planting in swales and rights-of-way. Page 34 of 42 nr~.~ ;,, ~t.~ ~*. ..... ~- r~e are deletions from existing law;] CODING: ,, ~-,~ ..............~" '~ ~ Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering D~t LDR Name Chg061902.do~ Layout with respect to plant material, location and size at maturity must be acceptable to both the city forester and the directcr cf,.,,, '~ .... .,---,v----.--,~ ...... city engineer, and; ARTICLE III. - STREET AND EASEMENT ABANDONMENT Sec. 2. Application/submission. All requests for vacation and/or abandonment of city streets, alleys, special purpose easements and other nonfee interests which the city may have in real property shall be made in writing and executed in ,..;~u~,~,~.v_,.~.,,, duplicate by the party or parties requesting the same. The application shall be filed with the ~ planning and zoning division of the development department and shall include, but not be limited to, the following: A. The name and address of the applicant or applicants. B. A complete and accurate legal description of the street, alley, special purpose easement or other nonfee interest of the city or any portion thereof sought to be abandoned or vacated. ~a~z~pessil~, T~he legal descriptiOn shall be accompanied by a plat, map or drawing showing the general area involved and the location of the specific property interest to be abandoned or vacated. C. Whether title or interest of the city and the public in and to the property sought to be abandoned or vacated was acquired by deed, dedication or prescription, and if recorded in the public records, the book and page number thereof. D. The reason for the request of the abandonment or vacation. property. The names and addresses of the owners and occupants of abutting real F. Certification that the property was not acquired or dedicated for state or federal highway purposes and will not adversely affect other property owners or unreasonably limit access to their property. G. Written Yv_erification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. CODING: Page 35 of 42 Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc H. Notarized certificate by the applicant that the application and accompanying material are true and correct. I. Such other relevant information as the city may require including, but not limited to, an ownership and encumbrance report from a title company. Sec. 3. Application fee. A. Each application filed with the ~ planning and zoning division, other than an application initiated by motion of the City Commission, shall be accompanied by payment of a fee as adopted by resolution of the City Commission covering the cost of administrative review, site analysis and investigation and publication. B. Upon the application being properly submitted, it shall be accepted and filed by the ~ planning and zoning division, who shall give a receipt to the applicant for the fee paid. Sec. 4. Processing of application. CODING: Page 36 of 42 Words in strike *~'.._.,..,:,..~' e,~vr~ are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Determination of completeness. Within two (2) business days (after the date of filing):of receiving application and documentation for the abandonment, the planning and Zoning division shall inform the applicant of completeness of the application and the schedule according to Which the application will be processed. The planning and zoning diviSiOn may reiect the application if a similar application has been considered at any time within six (6) months of the date the later application is submitted. Upon proper submittal, the planning and zoning division shall proceed as follows: 1. Provide the city engineer, director of planning and zoning, director of utilities, fire chief, police chief and director of public works-with a copy of the application and request their review and recommendations within twenty (20) calendar days. 2. Notify the general public by publishing notice in a newspaper of general circulation in the city, of the time and place of public hearings on the proposed ordinance at least fifteen days prior to the first public hearing. 3. Tran~qmit the documents with the staff comments to the planning and development board or :community redevelopment agency board for review at the next available meeting. 4. Provide notification of the board's and City Commission's public heatings by regular mail to the following: ao Owners and occupants of all abutting property; and Each and every public utility. Page 37 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc applications Action by the boards. The planning and development board or community on and due with the Co must :her ARTICLE I. - IN GENERAL Sec. 4. Minimum standards. All areas proposed for parking or storage including those instances exempted in Section 3 hereinbefore shall be improved to provide a hard, dUst-free surface aeeepml~ tc ,..e ,.::et ....... ~ -,--,v ....... in accordance w~th c~t¥ standards. Sec. 5. Permitting A. When required. A permit shall be secured from the director of development following consultation with the city en~neer prior to the construction of any parking lot. The issuance of a permit shall not relieve any party fi'om obtaining the necessary permits which may be required by the various state, federal or local government agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drainage, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. Sec. 6. Non-compliance Page 38 of 42 Words tn ........... r:,.- -~ v- CODING: ' ~l'~~u ..... h v~ are deletions from existing law;] Words in underscore, type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc A. Stoppage of work. Failure to comply with the' plans of record or other city ordinances shah result in an order to stop work fi:om the development director Or his designee. Damage to public property resulting fi:om work performed may result in a stop work order if a threat exists to the health and safety of the public. ARTICLE II.- REQUIRED IMPROVEMENTS. A. Illumination 1. General a. Lighting design. A minimum average light level of one (1) foot candle shall be provided, with no more than ten (10) per cent of the spot readings below one (1) foot candle and not below one-half (1/2) foot candle. Fixtures shall be an energy efficient type automatically controlled by photoelectric switch or other device acceptable to the director of development and are to remain on from dusk to one (1) hour after closing or 2 A.M., whichever is later. Submit documents showing, at a minimum, pole locations and details; fixture types and sizes; light contours depicting anticipated levels of illumination (in foot candles) at roadway surface; certification of compliance with the latest edition of the Florida St~n~r~ Building Code and capacity to withstand a ! I0 140 m,p.h, wind load; and proposed conduit routing. C. Landscaping. Each parking lot shall be landscaped consistent with Chapter 7.5, Article II, Landscape Code, or in the instance of the central business district, C._ehapter 7.5, Article III, Landscape Code. D. Irrigation. All landscaped areas within parking lots shall have an automatic irrigation system, approved and permitted through the development department. Each E. Curbs and car stops. No more than two (2) aisles may be traversed without interruption which shall be accomplished by the. installation of wheel stops or a raised, continuous curb. Landscape areas in parking lots shall be protected from the Page 39 of 42 CODING: Words ~n ...... ~z.eugh type are deletions fi:om existing law;] Words in underscore type are-additions. S:\CA\OrdinancesXLDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all landscaped islands, stalls and landscaping adjacent to curvilinear ~ccur. Curb shall extend six (6) with city standards utilizing a minimum of F. Drainage. be desigamed designed (1) hour. Drainage structures: minimum city standards or ~ Catch basins shall be located in grass2 sediment ~, impervious areas and faciliti storage or r shall one comply with District. the dir-eetor-~ shall have For parking lot each six lin all at the strict city H. Driveway 1. Width.. Parking lot driveways shall.be a minimum width of twelve (12) feet for one-way drives and twenty-five (205) feet for two-way drives, at the right- of-way line. Maximum width of any drive at the right-of-way line shall be ,u:..,.. ,..,~ ~'~'~ thirty-six (36) feet, unless otherwise approved by the '~:~"+~ ^*' '~ ....' .....* city engineer. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular traffic lanes of twenty-five (25) feet or as otherwise approved by the dk ............. v ...... city enmneer. 6. Intersections with county and state roads. Driveways which intersect streets owned and maintained by a governing body other than Boynton Beach must be permitted by the proper governing agency, prior: to :ubmig:!cn cf pla,n: for issuance of a building permit. CODING: Page 40 of 42 Words ~, ~,,4v~ +,. ..... u r,~ are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc Parking Lot Layout 2. Access. Each parking lot or parking stall shall have sufficient access from a street, alley or other public or private way. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot and parking stalls in a safe and efficient manner. In. no instance shall parking lots be designed to allow vehicles to back out into any public alley or road fights-of-way, or segments of private streets which fimCtion as local or collector streets. All angle parking shall have a minimum back-up distance of twenty (20) feet between the parking stall and the abutting aisleway in accordance with current city standards. M. Fire lanes. All shopping centers, retail office complexes and retail establishments including commercial establishments and industrial areas, in which the gross floor area of all buildings is fifteen thousand (15,000) square feet or greater shall have fire lanes along the front of all buildings which shall allow efficient access to the fronts of buildings by fire protection vehicles. Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes shall not be encumbered by parked vehicles, and shall not be used for a loading or unloading of commercial vehicles. Additionally, fire lanes shall be clearly marked with signs and striping or a combination of both, which shall comply with Article II, Section B.2. of this chapter. P. Sidewalks. e~.~, ~:a ..... ~t.~ ~: ..... ,~ ~.~.:.~ 1^,~ Sidewalks shall be c ..........six (6) inches thick through all driveways; shall ~'~ ~:v r~:~ :-~*.~ +~.:~ .... :+~.:~ ~ and shall meet handicap code requirements where applicable. Parking lot pavement e:v/,~-~ ;~^h~. ^I:'D~I~. -.,,.,D~^k~., F' .... ~- .......... .-.1 ~1~11 ....... :~ ~ ~ ~ ~ ~-~ Refer to city st~dards for sp~ific requirements. Page 41 of 42 CODING: Words in r,~k-e-t~m~gla type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Other types' of construction that may be submi~ed for apprc;'a:-utilized are portland cement concrete, paving blocks, and stabilized sodsubiect to the approval of the. city engineer. S. Loading zone. All parking lots subject to the requirements of Chapter 2, .space for the receipt and/or distributio~i of materials. H:\1990k900182.BB\ORDkExhibit B - Engineering Dept LDR Name Chg.doc Page 42 of 42 CODING: Words in st~k-~hr-ov~h type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR Changes\Exhibit B - Engineering Dept LDR Name Chg061902.doc XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEACB AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business Announcement Presentation [] City Manager's Report RECOMMENDATION: Motion to approve amendments to Municipal Police Officers' Pension Ordinance, amending Chapter 18, Pensions and Retirement, Article III Municipal Police Officers' Retirement System of the Code of Ordinances Section 18-167 Powers of the Board, providing for further diversification of investments. EXPLANATION: The Board of Trustees of the Fund, at the advice of its financial consultants, have determined that it is in the best interest of the participants and beneficiaries of the Fund to diversify its investments. The Board of Trustees desires to add to the asset classes that the Fund may invest in and add such provisions. PROGRAM IMPACT: The revisions to the Police Officers' Pension Plan will provide for diversification of its investments. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Depa~unent Name [ C~y M~h~ager'si~ignature City Attorney ~ ~i~l~nce / Htmmn Resources S:~,BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BO'iCNTON, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, POLICE OFFICERS' ODE OF INVE ~REAS, the City of Boynton Beach Municipal Police Officers' Retirement rmst Fund ("Fund") Board of Trustees ("Trustees"), at the advice of its financial consul- tants, desires to add to the asset classes that the Fund may invest in; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the Participants and Beneficiaries of the Fund to further diversify its .; and WHEREAS, the Trustees desire to add such a provision; and WHEREAS, the City Council of the City of Boynton Beach, Florida, desires to ~al Police Officers' Pension Ordinance in order implement these the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF BOYNTON BEACH, FLORIDA: Section 1.. That Section 18-167. Powers of the Board of Trustees, Subsection (a) is amended by adding the words and figures in underlined type, and by deleting the :ds and figures in struck-through type, as follows: ,:\CA\Ordinances~Pension\Police Investment Policy Amendment 072302.doc 1 (a.) Section 2. amended, Powers of the Board of;TrUstees The Board of Trustees may: (2) Invest and reinvest the assets of the retirement trust fund in: b. The aggregate investment of fund assets in: 3. Bonds or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. However, the average credit rating of such investments in bonds shall be it~te-top-To~ lower than AA-; d. Real Estate, except that the ag~egate investment of fund assets in Real Estate may not exceed 10% of assets. Each and every other Section of Chapter 18, not herein shall remain in full force and effect as previously enacted. Investment Policy Amendment 072302.doc 2 Section 3. All ordinances or parts of ordinances in conflict herewith be and ,are hereby repealed. Section 4. Should any section or provision of this ordinance or portion any paragraph~ sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this rdinance. Section 5. Section 6. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon FIRST READING this day of August, 2002. SECOND, FINAL READING AND PASSAGE this day of August, 2002.. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk i:\CA\Ordinances\Pension\Police Investment Policy Amendment 072302.doc 3' August 6, 2002 TEM 13.5 AGE DA ITEM REQUEST FOIx , ate Final Form Must b~e~Turned luly 17. 2002 (5:00 p.m.) AugUSt 5, 2002 (Noon) AugUSt 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested C~tY Comrmsston [] October 1,2002 [] October 15,2002 [~ November 6, 2002 [~ November 19, 2002 [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement Date Final Form Must be Turned September 16, 2002 (Noon) September 30, 2002 (Noon) October ~4, 2002 (Noon) November 5, 2002 (Noo.~.[.r)~.~._ [] Development plans [] New Business [] Unfinished Business [] Presentation [] City Manager's Report Amending Chapter 2. Administration. Article III, Elections, Section 2-4~ Voting Districts to revised redistricting boundarY map. Section ~7(0 of the Charter required the City of Boynton Beach to identify, designate and voting districts by 3anuary ~, 2002. To complY with tBat requirement, the City retained the services deHaven Smith, ph.D and David Buffington, Chief counsel of Reapportionment Group 2000, LLC. to this Project. In December 200~, City commission workshop meetings were held to accept comments from the consultants and the public. · mission adopted Resolution No. 02-005 that established the City commission 2002, the ..Clty.C_om +-- ~ach code of Ordinances will be updated to reflect the revised Districts. The City ot uoyntu,, 7this Ordinance. boundaries upon passage iI~tpACT: N/A iMpACT: N/A If this Ordinance is not adopted, the outdated erection district boundaries wit~ remain part ' ~ ~~~7~~s Sig~ture~ Signature ilt CHAPTER ELECTIONS. ORDINANCE NO. 02- AN ORD/NANcE OF THE CITY COMMISSION OF THE CITy OF FLORIDA AMENDING 2. tTION. ARTICLE ffI. SECTION 2-41. VOTING DISTRICTs, REDISTRICTING BOUNdARy FOR CONFLICTS, SEVERABILiTY, AN EFFECTIVE DATE. WHEREAs, in COmpliance with Section 17(0 of the Charter of the City of Boynton Beach, the geographic boundaries for each of the four (4) voting districts of the City Commission have been revised; and RE WHE__AS, the City Commission deems the adoption of this Ordinance to be in the best interestSNow of the citizens and residents of the City of Boynton Beach, Florida; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF / FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The foregohag whereas clauses are true and correct and are now ratified md confn-med by the City Commission. That Chapter 2. Administration, Article III, Section 2-41 is hereby amended by deleting (1), (2), (3) and (4) in their entirety, and adding a revised (1), (2), (3) and (4) as follows: COMMENCING at the centerline · , · centerline of the F~,-;,4 _ · intersection of Bo · k,a~a D ~artment of . ton Be~tch Bo ~'.alon.- the centerl~n _ O~aor Tn-Rall sou .... , t,x ~,~ w 8 ~ e of Bo ton Bea d [ne of P le He~ ?_c_enterline of said FD · ~~~~Iroad Corridor.. thenc ,-, ....... ,_centenine.. a_ -~umaor to the cent ' e ~ _~uutnerl alon th · . e centerline o ~d ---~,me ak _e Irun southe ~ ~ e of SW 23 Te t . ~W 2~ Terrace. _ rl . a!on the centerli th ~_~ace to t_.hhe centerhne o th . Eence . ----,., uu soutnerl ,..u., -.o -'~venue to - .....~u~-~ _ ~ ?~ n,.. ~- Street to the c--,~-,:-- :~ o a,* ~ mlll Boulevard to the !c^ ~ thence --\Ordinances~A~- the centerline of Cana1 ~.~fthe westerl, and southerl alon the centerline of Cana1 Drive to the centerline of Mission Hill Road; thence mn easterly along the centerline of Mission Hill Road to the centerline of Swinton Avenue; thence mn southerly along the centerline of Swinton Avenue to the city's somhem corporate limits with the City of Delray Beach; thence nm westerly along said city's southern corporate limits to the easterly right-of- way line of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal; thence mn southwesterly along the said LWDD E-4 Canal right-of-way line to the sOutheasterly comer of Lot 13 as shown on the plat of LAKE EDEN SUBDIVISION PLAT NO. 2, as recorded in Plat Bo:ok 29, Page 53, according to the Public Records of Palm Beach County, Florida; thence mn southeasterly to the 'Not InclUded' parcel as shown on said plat of LAKE EDEN SUBDIVISION PLAT NO. 2! thence run ,northeasterly, southeasterly: and southwesterly along the property line of said Not Included parcel to the northeasterly comer of Lot 12 as centerline of said LWDD E-4 Canal to the east south along the said east right-of-way line of said to the said the thence mn in Plat said of Pine on EDEN 'and 1 as laid Book 32, thence mn of a FDO't' line of Lake Worth of said of Old of Old BEGINNING. S:\CA\OrdinancesXAdministrativeXRedistficting Boundaries.doc (2) DISTRICT NO. 2 BEGINNING at the centerline intersection of Bovnton Beach Boulevard and the centerline of ',X l's northern (3) DISTRICT NO~ 3 intersection of Boynton Beach Boulevard and the centerline of ad Corridor (Th-Rail) (aka CSX u'd to the thence run southerly along the centerline of Federal the centerljne of ff the Intracoastal Waterway; thence run southerly along limits as located a at the thence mn ~outhem corPorate limits crossing thence mn the southern Street thence mn of SW ..... 23rd OI ~W of to the f Mission Hill centerline the the the to the \CA\Ordinanc es~dministrativeLRedistricfing Boundaries.doc easterly along the centerline of Bovnton Beach Boulevard to the POINT OF BEGINNING. (4) DISTRICT NO. 4 BEGINNING at the centerline intersection of Bovnton Beach Boulevard and the centerline of the Florida Department of Transportation (FDOT) Railroad Corridor (Th-Rail) (aka CSX Railroad); thence run westerly along the centerline of Boynton Beach Boulevard to the centerline intersection of NW 8th Street and Old Bo¥-nton Road; thence run northerly, northwesterly and westerly along the centerline of Old Boynton Road to the city's western corporate limits; thence mn northerly, easterly, northerly, westerly~ southerly, westerly, northerly, easterly, northerly, easterly and northerly to the city's northern corporate limits, said northern corporate limits being also the north fight-of-way line of Hypoluxo Road; t line in Miner of Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this day of August, 2002. S :\C A\OrdinanceskAdministrativekRedistricting Boundaries.doc SECOND, FINAL READING AND PASSAGE this __ day of August, 2002. CITY OF BOYNTON BEACH, FLOR_DA Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances~AdministrativeLRedistricting Boundaries.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM B.6 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admini~qtrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "Composition, Election, Terms, Vacancies". EXPLANATION: The Charter does not currently require a candidate for a district commission seat to reside in the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would required that a candidate for a district commission seat reside in the district to which he/she seeks election one year prior to the filing for office. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name '/' ~ (gtY-l~lhna~r's ~ignature · ~ / Finance / Human Resources ~/~' 'tCity A,t~mey / SSBULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE I, SECTION 17, ENTITLED OSITION ELECTION, TERMS, VACANCIES." ~ TO ~.WHEREAS, Chapter 166, Florida Statutes, as mended, provides for a methodology of 2harter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article I, Section 17 ~ntitled "Composition, election, terms, vacancies," of the City Charter; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ['HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Seeth~n 1. The foregoing "W'HEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ~ Article I, Section 17, entitled "Composition, election, terms, vacancies", Subsection (a) of the Charter of the City of Boynton Beach is hereby amended to read as Sec. 17. Composition, election, terms, vacancies. (b) There shall be a City Commission of-four (4)members elected from each of the four (4) election districts within the City. Each Commission Member cad ca~didates t'oi- ,..~,L,,,~,,~,~,~ ~v~m,~-, ,,,~,~ ~,~,,~ ~.~,~ ~,,,.~ shall reside in the election district from which said Commission Member is elected. A candida*e far a Commission district sea~ must reside_ far a period at'nor less than one (1) year prior ta filing far election: in the district from which rl~e c~ndidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides. ~eetion 3. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title ONE YEAR RESIDENCY REQUIKEMENT WITHIN DISTRICT FOR COMMISSION CANDIDATES PRIOR TO FILING FOR DISTRICT OFFICE Explanatory Statement The Charter does not currently require a candidate for a district commission seat to reside in the district fi.om which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would require that a candidate for a district commission seat reside in the district to which he/she seeks election one year prior to filing for office. YES [] NO [] ,qv_etinn 4. Agl.Y. gKi~.IlIP, a~ The City Clerk of the City of Boynton Beach is hereby ;uthorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. ,qv, etion $. [2lltt/t~tgal~llh It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a pan of the 2harter of the City of Boynton Beach, Florida Charter if adopted by the City elections. ~ ~ If any clause, section, or other part of this Ordinance ,hall be held by any court of competent jurisdiction to be unconstitutional or invalid, such ~eetion 8. Effeetlve Date of Ordinance. This Ordinance shall take effect immediately upon its. adoption. ,qeetinn:O. Effective Date of Propnsed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. ,2002. CITY OF DAY OF FINAL READING AND PASSAGE this __ DAY OF , CITY OF BOYNTON BEACH, FLOR~A Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk 'DE_FS'~LIBRARYM 990\900182.BB\ORD\Chart~r Amendments-Sec. 17 Composition, Election, Terms Vacancies.do~ XII.- LEGAL ITEM B.7 CITY OF BOYNTON BEACB AGENDA 1TEM QUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heahng [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~ City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article 1, Section 21, entitled "Authority to Contract; Execution; Attestation and Seal". EXPLANATION: A vote of"yes" would approve deleting a portion of Section 21 of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as chief executive officer of the City. This amendment would not effect the current charter provision that requires Commission approval of contracts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name y / Finance / Human Resources S:'xBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC AN O1 CHARTER OF SECTION 21, ORDINANCE NO. 02- TO CONTRACT; Charter Florida Statutes, as amended, provides for a methodology of , in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article I, Section 21 ~ to contract; execution; attestation and seal." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: ~oetinn 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed being tree and correct and are hereby made a specific part of this Ordinance upon adoption ~ Article I, Section 21, entitled "Authority to contract; execution; attestation and seal." of the Charter of the City of Boynton Beach is hereby deleted in its entirety as follows: X~d':ja July 19, 2002 Page 1 of 3 The coancil Commi~q.qim~ shall have the power to enter into contracts on behalf of the City, and when so entered into, the same shall be~,~u,~,~ ...................... oy ~~,~,~y~,~, ,~,~, attested by the City Clerk with the seal of the City thereunto affixed. ~qeetlnn 3. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows as follows on the ballot at the general election in NOvember 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETING CHARTER PROVISION THAT REQUIRES MAYOR TO' EXECUTE ALL CITY CONTRACTS. Explanatory Statement A vote of "yes" would approve deleting a portion of Section 21 of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as chief executive officer of the City: This amendment would not effect the current charter provision that require Commission approval of contracts. YES [] NO [] ~.etinn 4. ~ The City Clerk of the City of Boynton Beach is hereby uthorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. ~ C_.ndffimlllln~ It is the intention of the City Commission of the City of 3oynton Beach that the provisions of this Ordinance shall become and be made a part of the ]harter of the City of Boynton Beach, Florida Charter if adopted by the City elections. r~AP:ja July 19, 2002 Page 2 of 3 Section 6. Severahility. If any clause, section, or other part of this Ordinance .mchall be held by any court of competent jurisdiction to be unconstitutional or invalid, such onstimtional or invalid part shall be considered as eliminated and in no way effecting the of the other provisions of this Ordinance. ,~eetion 7. Conffiets. All Ordinances or parts of Ordinances, Resolutions, or herewith, be and the same are hereby repealed to the extent of SectiOn 8. Effective Date of Ordinance. This Ordinance shall take effect Section O. Effective Date of Pronoaed Charter Amendments. The Proposed Amendments will take effect upon th~ affirmative vote of a majority of those electors in the November 2002 election in the City of Boynton Beach. AND BEACH, FLORIDA, ON THE FIRST READING, THIS ,2002. IIECOND, FINAL READING AND PASSAGE this DAYOF 002. CITY OF BOYNTON BEACH, FLORIDA ADOPTED BY THE CITY COMMISSION OF THE CITY OF DAY OF 9 Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk FSkLIBRARY',1990\900182.BB\ORD\Charter Amendments-Sec. 21 Authority to Contract.doc 19, 2002 Page 3 of 3 XII. - LEGAL ITEM B.8 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORtvl Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meetine Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, at Article IV, Section 49, entitled "General Provisions", to clarify the authority of the City Manager to hire or remove City employees without Commission confu-mation. EXPLANATION: A vote of"yes" would approve an amendment to the city Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to hire, appoint~ and discharge all City employees, without the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Conmdsston confirmation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Deparmaent Name / k..~ity ~ ,ttm ~t~ F/aance / Human Resources SSBULLETINWORMSXekGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF :BOYNTON BEACH, SUBMITTING TO REFERENDUM AN AMENDMENT CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV, ENTITLED IN , TO AT THE Charter Chapter 166, Florida Statutes, as amended, provides for a methodology of and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV, entitled "Administration" Section 49 entitled "General provisions." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sag, tian..k The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ~ Article IV, entitled "Administration" Subsection (a) of Section 49 entitled "General provisions." of the Charter of the City of Boynton beach is hereby amended to read as follows: July 19, 2002 Page 1 of 3 ARTICLE IV. ADMINISTRATION Sec° 49. General provisions. (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and City Commission. They shall appoint a City Manager: who .qhall ~qerve a~q the City'~ chief executive officer and City Attorney, who both shall serve at the pleasure of the City Commission. There shall also be such other ofiqc¢cs, departments and agencies as may be established from time to time by ordinance to ........... ' ......... ' .............. '- ay b by :~U~,lt Ut.l. ttC~ ctttU. ICL. ClVC ~ULII ~,..Ul. lllOGll~atl*Oll as m e prescribed tC~Ultl, tl~Ol.l ordinance adopted by the City Commission. All ~-rwr-rrffi'~I~employee,q of the City shall be hired: appointed and discharged by the City Manager, w/th onlv the annointment or discharc, e Assistant City Managers subject to confirmation by the City Commission: ~qeetion 3. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title CLARIFICATION OF THE CITY MANAGER'S AUTHORITY TO APPOINT OR HIRE CITY EMPLOYEES. Explanatory Statement A vote of "yes" would approve an amendment to the City Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to h/re, appoint, and discharge all City employees, without the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Commission confirmation. YES [] NO [] ~ ,flalxe. rli~,me.~ The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. 8~tlan ~. C_,allifigalil~ It is the intention of the City Commission of the City of Boynton Beach that the prowsions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. ~e:ja July 22, 2002 Page 2 of 3 geetinn 6. i~tt.g..~tahilil~ If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. geetinn 7. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of ResOlutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. geetlon 8. Effeetlve Date of Ordinance; This Ordinance shall take effect mmediately upon its adoption. geetinn 11. Effective Date of Proposed Charter Amendments. The Proposed Eharter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. PASSED, AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, ~ORIDA, ON THE FIRST READING, THIS __ DAY OF ,2002. FINAL READING AND PASSAGE this DAY OF -, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk :DE_FS\LIBRARYM990\900182.BBXORD\Charter Amendments-gee 40Administration.doc Page 3 of 3 ,19, 2002 Requested City Commission Meeting DateS. [] August 6, 2002 ] August 20, 2002 [] September 3, 2002 [] Septembe{ 17, 2002 XII, - LEGAL ITEH B.9 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office. July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.rrr) Requested City Commission Meeting Dates_ [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office_ September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV, Section 50, entitled '°Terms of Elective Offices". EXPLANATION: The current term limitation language of the Charter prohibits a Mayor who has served six years from running for a Commission seat or a Commissioner who has served six years from running for the Mayor seat. A "yes" vote to the proposed charter amendment would elirainate this limitation and allow a Mayor who has served six years to run for a Commission seat or a Commissioner who has served six years to nm for the Mayor seat, without having to sit out a term. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name fto~ l// ~v / Finance / Human Resources S:~BULLETIN~ORMS",AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY O SUBM~TING TO REFERENDUM AN AMENDMENT CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV, SECTION 50, ENTITLED TERMS OF ELECTIVE OFFICES." TO MODIFY THE OF IN LAW; 166', Florida. Statutes, as mended, provides for a methodology of and ~REAS, Chapter 166, Florida Statutes, as amended, provides that such an may be submitted to a referendum vote by the City Commission of the City of Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV, Section entitled "Terms of elective offices," of the City Charter; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: ,~agtian~ The foregoing "WHEREAS" clauses are hereby ratified and confirmed being tree and correct and are hereby made a specific part of this Ordinance upon adoption Article IV, Subsection (a) of Section 50, entitled ''Term of elective ~"~harter of the City of Boynton Beach is hereby amended to read as follows: 50. Term of elective offices. The term of office of a district commission member and the term of office of the shall be for three (3) years and no person shall be eligible to hold the office of Mayor the office of a district commission member for more than two (2) consecutive terms, , this term limitation shall not apply to a district commission member who may mn office of Mayor and a Mayor who may mn for a district commission seat. 19, 2002 Page 1 of 3 ~ . The ballot title and the explanatory statement of the amendment, , the word "yes" and "no" shall be set forth as follows as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Florida: Title MODIFYING TERM LIMITS ALLOWING MAYOR TO SEEK COMMISSION SEAT AND COMMISSIONER TO SEEK MAYOR SEAT Explanatory Statement current term limitation language of the Charter prohibits a Mayor who has served six [ lyears from nmning fora Comm~ss~.on s. ea.t or, a Corn~___s~s~°~n~e~r ~h~°~naSd~eer~dw;~uXl~;~i~ifrn~; itation and allow a Mayor who has served six years to run for a Commission seat or a ;ommissioner who has served six years to mn for the Mayor seat, without having to sit out a YES [] NO [] ~tagl:iaI[~ ~ The City Clerk of the City of Boynton Beach is hereby lauthorized and directed to advertise the referendum election contemplated herein all in laccordance with the State of Florida Electron Code. ~ Codification- It is the intention of the City Commission of the City of each that the provisions of this Ordinance shall become and be made a part of the /~harter of the ~.,~ty ot t~oynton oynton B_ ..... K --- ~,^ooh Flarida Charter if adopted by the City elections. ~eetlon 6. Sagexahilil~ If any clause, section, or other part of this Ordinance ~hall be held by any court of competent jurisdiction to be unconstttutaonal or mvahd, such anconstitufional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. Seetlnn ?. Cnnfliet~. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Page 2 of 3 ~ Effective Date of Ordinance This immediately upon its adoption. Charter Amendments will take effect upon voting in the November 2002 election in the City of Boynton: Beach. AND , ADOPTED ,2002. , FINAL READING AND PASSAGE this DAY OF shall take effect Proposed of those electors CITY OF DAY OF CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk ,UGCDE_FSkLIBRARY',1990\900182.BB~ORD\CHARTER 2002\Charter Amendments-Commission term. doc I. xP.'ja July 19, 2002 Page 3 of 3 Requested CiG Comnfission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL CITY OF BOYNTON BEAC}_' rrEtq B.IO AGENDA ITEM REQUEST FOK . Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV, entitled "Administration", Section 54, entitled "Duties, Powers, Privileges of Mayor", to eliminate the authority of the Mayor to bid on behalf of the City at Judicial sales. EXPLANATION: The Charter currently requires that the Mayor bid on behalf of the city at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the City at judicial sales. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name ity',Mkna~ s signature :i~ A!~y / Finance / Human Resources SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO RE~RENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE ] TO ELIMINATE; THE A TO¸ B WHEREAS, Chapter 166, Florida Statutes~ as mended, provides for_ a Chapter 166, Florida Statutes, as amended, provides that such an r be submitted to a referendum vote bY the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and ~REAS, the Commission has recommended modifications to Article 15/, tentitled "Administration, Section 54, entitled "Duties, powers, privileges of Mayor." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ,qt~etion 1. The foregoing "WHEREAS" clauses are hereby ratified and :onfinned as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ~ Article IV entitled "Administration", Section 54, entitled "Duties, powers, privileges of Mayor." of the Charter of the City of Boynton Beach is hereby amended to read as follows: Sec. 54. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his office as may be imposed by the City Commission, and he shall have a voice and a vote in the proceedings of the City Page 1 of 3 LAP:ia July 19, 2002 990\900182.BB\ORD\Charter Amendments - Sec. 54 Duties, Powers, privileges of Mayor.doc Commission, but no veto power. He may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him the administrative or judicial functions of a Mayor under the General Laws of the State. He shall be considered as the official head of the City for ceremonial purposes, and he shall be so recognized by the courts for the purpose of serving civil processes, and by the GoYemment in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Council shall select one of their members to perform his duties. This selection shall be made in accordance with the provisions of section 19 section 531 for the election of a Mayor. deeds, or other instruments g to which the City is a party, when authorized so to do by the City COLh~C[I Commission. ~ The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth.as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETE REQUII~MENT THAT MAYOR BID ON BEHALF OF CITY AT JUDICIAL SALES. Explanatory Statement The Charter currently requires that the Mayor bid on behalf of the City at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the City at judicial sales. YES [] NO [] ~ Arlvcrfi.~ement. The City Clerk of the City of Boynton Beach is .ereby authorized and directed to advertise the referendum election contemplated herein all n accordance with the State of Flor/da Election Code. Se. etinn _~. C, lll:lJ2fil:alim~ R is the intention of thc City Commission of the ~ity of Boynton Beach that the provisions of this Ordinance shall become and be made a ~art of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City ~lections. Page 2 of 3 .AP:ja Iuly 22, 2002 990\900182.BB\ORD\Charter Amendments - Sec. 54 Duties, Powers, privileges of Mayor.doc ~qeetinn 6. ~e. lre. ralffiil~. If any clause, section, or other part of this Ordinance validity of the other provisions of this Ordinance. extent of such conflict: or to the Section 8. F, ffeetive Date of Ordinance. This Ordinance shall take effect immediately upon its adoption. Effective Dnte nf Prn?nsed Charter Amendments. The Proposed take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. ,2002. SECOND, FINAL BY THE CITY COMMISSION OF THE CITY OF ~ORIDA, ON THE FIRST READING, THIS __ DAY OF READING AND PASSAGE this DAY OF 2002. CITY OF BOYNTON BEACH, FLORK)A Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Page 3 of 3 LAP:ia July t9, 2002 990\900182.BB\ORD\Charter Amendments - Sec. 54 Duties, Powers, privileges of Mayor.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [~]. September 3, 2002 [] September 17, 2002 XII.- LEGAL ITEM B.ll CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office luly 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, at Article IV, Section 55, entitled "Compensation of Mayor and Council", to eliminate the provis)ons relating to the establishment of compensation for Mayor and Commission members. EXPLANATION: Compensation for the Mayor and Commission members is currently set forth in Sec. 55 of the Charter. Changes to compensation now require referendum vote. A "yes" vote to the proposed amendment would delete this section of the Charter. Thereafter, compensation for the Mayor and the Commission Members woUld be established, and subject to amendment, by ordinance. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name . ?/? ,~ L-~r~ity ~ttoi-~/Finance / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV, ENTITLED "ADMINISTRATION", SECTION 55, ENTITLED "4 TO BE OF FLORIDA THIS ORDIN~CE, TO WHEREAS, Chapter 166, Florida' Statutes, methodology of Charter amendments in Florida; and as amended, provides for a WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV, ~ntltled Admimstratlo , SeCtion 55, entitled "Compensation of Mayor and Council." of Ithe City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF :HE CITY OF BOYNTON BEACH, FLORIDA, THAT: $~etinn 1. The foregoing "WHEREAS" clauses are hereby ratified and :onfirmed as being mae and correCt and are hereby made a speCific part of this Ordinance upon adoption hereof. ~ Article IV entitled "Administration", SeCtion 55, entitled "Compensation of Mayor and Council." of the Charter of the City of Boynton Beach is hereby deleted in its entirety as follows: Page 1 of 3 LAP:ja luly 19, 2002 S:\CA\Charter RevisionsX0718 Charter ~dments- 55 Comperk~tion Provisions.doc ,qeetinn 3. The ballot title and the explanatory statement of the amendment, !ollowed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETE PROVISIONS RELATING TO THE ESTABLISHMENT OF COMPENSATION FOR MAYOR AND COMMISSION MEMBERS FROM CHARTER. Explanatory Statement Compensation for the Mayor and Commission Members is currently'set forth in Sec 55 of the Charter. Changes to compensation now require referendum vote. A "yes" vote to the proposed amendment would delete this section of the Charter. Thereafter, compensation for the Mayor and the Commission Members would be established, and subject to amendment, by ordinance. YES [] NO [] ,qo. etian 4. ~ The City Clerk of the City of Boynton Beach is t authorized and directed to advertise the referendum election contemplated herein all accordance with the State of Florida Election Code. ~eetlem ~. ~ It is the intention of the City Commission of the of Boynton Beach that the provisions of this Ordinance shall become and be made a of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City Page 2 of 3 22, 2002 r Revisions~0718 Charter Amendments- 55 Co~sation Provisions.doc ~eetion 6. ~ If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. ~qeetion ?. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or >arts of Resolutions 'in conflict herewith, be and the Same are hereby repealed to the ~xtent of such conflict. l*,ffeetlve Bate nf Ordinance. This Ordinance shall take effect ~qeetion 0. Effective Date nf Pro.nosed Charter Amendments, The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boymon Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS DAY OF ,2002. SECOND, FINAL READING AND PASSAGE this DAY OF ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk Page 3 of 3 LAP:ja July 19, 2002 S:\CA\Charter Revisions\0718 Charter Arflendments- 55 Compensation Provisions.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September ,17, 2002 XII.- LEGAL ITEM B.12 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOI ,, Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV-A, entitled "Merit System for Personnel", and in particular deleting Section 72.3, entitled "Personnel Director". EXPLANATION: The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. a "yes" vote on this proposed amendment would remove obsolete language from the Charter and confu-m the authority of the City Manager to appoint a Human Resource Director to oversee the duties formerly assigned to the personnel director. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature City Attorney's Office Department Name ty Atto~ ! M~n~ge~s)Si~mature / ~y / Finance / Human Resources S ABULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV-A., ENTITLED "MERIT AND IN 72.3 ENTITLED A OF THE IN THIS OF IN DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV-A. ~n~itled "Merit System for Personnel", Section 72.3 entitled "Personnel Director." of the ,Aty Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rile CITY OF BOYNTON BEACH, FLORIDA, THAT: ~q~tion 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Sectian~ Article IV-A., entitled "Merit System for Personnel", Section 72.3 entitled "Personnel Director." of the Charter of the City of Boynton Beach is hereby deleted in its entirety. _AP:ja Iuly 19, 2002 Page 1 of 3 geetion 3. ,,The ballot title and the explanatory statement of the amendment, followed by the word yes" and "n©" shall be set fo~d}, as folloWs on the ballot at the general November 2002 for consideration ~bY the qualified electors of the City of Florida: Title REMOVE ESTABLISHMENT OF THE POSITION OF PERSONNEL DIRECTOR BY CITY CHARTER. Explanatory Statement The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. A "yes" vote on this proposed amendment would remove obsolete language fi:om the Charter and confirm the authority of the. City Manager to appoint, a Human Resource Director to oversee the duties formerly assigned to the personnel director. YES [] NO [] Sgglian_4, ~l.~al:fiagnlg~ The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. ~ Codification. It is the intention of the City Commission of the City of Boymon Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Section 6. Severahilitv. If any clause, section, or other part of this Ordinance Ishall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the. validity of the other provisions of this Ordinance. ~ectlnn ?. Cnnfliet.q- All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the ;xtent of such conflict. ~eetion 8. Effeetlve Date of Ordinance. This Ordinance shall take effect .mmediately upon its adoption. Section 9. Effective Date nf Pro.nosed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those Page 2 of 3 LAP:ia July 19, 2002 electors voting in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY BOYNTON ~1 ,2002. THIS CITY OF DAY OF SECOND, FINAL READING AND PASSAGE ,2002. this DAY OF CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk \UGCDE_FSXLIBRARYM 990\900182.BB\ORD\Charter Amendments 72.3 -Personnel Director. doc CAI':ja luly 19, 2002 Page 3 of 3 XII.- LEGAL CITY OF BOYNTON BEACI ITEM 8.13 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum various Articles and Sections in order to delete obsolete or pre-empted provisions of the Charter and to consolidate and reorganize existing provisions. EXPLANATION: The Charter currently contains provisions which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature · City Attorney's Office Department Name k,~Zity, [~tor ~ ~anager's Si~att~re / fry / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON FLORIDA, SUBMITTING TO REFERENDUM AMI TO THE CHARTER OF :THE CITY OF BOYNTON BEACH AT VARIOUS ARTICLES OBSOLETE OR THE CHARTER TO OF IT WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended the deletion of pre-empted or obsolete Charter provisions and the consolidation and reorganization of existing provisions of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Soetion 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. The following Charter Sections are hereby deleted in their entirety: Section 6A, 12, 16, 19, 20, 20.1, 23, 27, 31, 32, 35, 37, 52, 56, 62, 66, 68, 72, 72.1, 72.9, 72.10, 72.11, 72.13, 73, 74, 75, 76, 77, and 84. The Charter is hereby amended to read as follows: LAP:ja July 19, 2002 Page 1 of 5 Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must he a quati fled elector of' the City of t%ynton Re~mh and have resided within the City for a period of not less than one (1) year priOr to filing for office, and who shall have attained the a~e of twenty-one (21) yem's on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected fi.om each of the four (4) election districts within the City and a Mayor who is elected by a City-wide w~te_ Each CiD~ Commissioner MenGe~~ and candidates for CiW Commissioner ~fi.om said election district shall reside in the election district from which said City Commissioner .Mcr~bcr is elected. Voters shall vote for only one (1) candidate in each election district in which the voter resides m~d one (1) candidate For Mayor. (c) Qualifications for City Commissioners Me,abet. Only qualified electors who ~ave resided in the City of Boynton beach for at least one (1) year immediately prior to the :lection and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commission member and candidates for Commission Member ~hall be elected from the election district in which he resides-, subject to the 35% rule and runoff procedures set forth in :Section 139 of the City Charter. Once elected, a Commission Member fi.om an election district shah remain a resident of the election district and the City of Boynton Beach during his term of office or shall forfeit his/her office. (d) The failure of a City Commissioner ~;-~e,.iibei- to continue to reside within the district from which elected, or the Mayor x~dthin the City_ shall: cause said CiD~ Commissioner merrlber or Mayor tO automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise prohded, so long as the individual selected to fill the vacancy has resided in the same district fi.om which the original Commissioner resided for a period of not less than one (1) year. ~'~ ~ ......... ~,,~?, ,,~ ,,~,: ,-~,y ,,~ (e) Any member of the City Commission who cexses to pos.qes,q the qualifications which are required by thi.q Charter or is othenvise removed from office bv lawfid means, shall Forfeit office_ and it ~hall be the duW nf the remaining memhem of the City Commission tn :leclare the office vacant and proceed to fill the vacancy as herein otherwf~qe provided. (f)-te9 Commencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, which notice shall designate which of the four (4) Commission districts of the City Commission the candidates decide to fill. LAP:ia July 19, 2002 Page 2 of 5 t boundaries for each voting district are established pursuant to (g)-x~. Geographic Section 241 of the Code of Ordinances. Geographic boundaries for each voting district shall university or educational research institution located wi~n the State of Florida to be selected by the City Co~ssion of the City of Boynton Beach, Florida. The election districts shall be boUndaries for for five anywhere a mee~g .~. : g: ~- . - Sec. 22. FrequenCY, date of regular : ' s -,qnecial meet'in s' rui:e~ of nroeedure municipal election is held, said C regular working day. month, or it may by resolution. Should any national, state, county or until the next Sec. 59. Same-Compensation. The City Commission may, from time. to time, b3~r'c'~mtion, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this charter and by the Commission; provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed i. ~:his ~y be specially compensated as the Commission may see fit to provide. Sec. 142. Registration officer and registration. The City Clerk shall be the registration office of the City and said clerk, or his/her duly appointed deputies, shall register all persons applying to him/kef whose names are not akeady borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose such registration shall be received during normal business hours or at such other times as designated by the City Council Cnmmi~sion at the office of the City Clerk or at such other places within the City limits when ..AP:ja July 19, 2002 Page 3 of 5 duly designated by the City C~,~L~L,.,, ~- .................. ' ...... '- - Registr~ff0ns shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. geetlon 4. Sections 50, 51, 53 and 54 of the Charter shall be moved to Article I1 entitled "City Council/Commission" and shall be renumbered accordingly in logical sequence sections. Section ~. Anywhere in the Charter where the words "City Council" appear, shall be changed to City Commission. ~qeetion 6. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND CONSOLIDATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS. Explanatory Statement The Charter currently contains provision which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. YES [] NO [] ~eetlan '7. Advertisement. The City Clerk of the City of Boynton Beach is hereby and 'directed to advertise the referendum election contemplated herein all in with the State of Florida Election Code. ~ C_.aflUlgltl~h It is the intention of the City Commission of the City of that the provisions of this Ordinance shall become and be made a pan of the ,f the City of Boynton Beach, Florida Charter if adopted by the City elections. Page 4 of 5 22. 2002 ~ ~ If any clause, section, or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. gecfion 1 fl. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict hereWith, be and the. same are hereby repealed to the extent of such conflict. Section 11. Effective [}ate of Ordinance. This Ordinance shall take effect immediately upon its adoption. ~ Effective Date of Proposed Charter Amendments. The Proposed Charter~ Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS DAY OF ,2002. SECOND, FINAL READING AND PASSAGE this DAY OF , CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;ST: Commissioner Clerk 82.BB\ORD\CHARTER 2002\Charter Amendments-Various Articles and Secuon.doc 19, 2002 Page 5 of 5 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL ITEM B.14 CITY OF BOYNTON BEACfi AGENDA ITEM REQUEST FOI w Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an amendment to Chapter 6, Section 6-5 General Powers of the Board, to comply with the City Charter and Section 2-30 of the Code of Ordinances. EXPLANATION: This amendment is being presented in attempt to clean up the language in the Code and to reflect the intent of the Commission, that the City Manager pursuant to Section 2-30 is responsible for the administration of all city affairs. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: To leave Code as currently written. Department Head's Signature City Attorney's Office Department Name ' i City Attot(J~6y-r/Finance / Human Resources SSBULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC ORDINANCE 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6. CEMETERIES, SECTION 6-5 GENERAL OF THE FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has determined that in order to comply fully with the Charter and Seclion 2-30 of the Code of Ordinances, that a revision to Chapter 6, Section 6-5 General Powers of the Board is necessary; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 6. Section 6-5 General Powers of the Board is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through, type, as follows: Sec. 6-5. General Powers of the Board. The board shall *' .... ~u~ .a~u~ ~ ~.~u~u periodically review and make recommendations to the City Manager on rules and regulations for the management and control of any cemetery, including mausoleums, owned and operated by the city, and for the conduct of the board's business.j The powers of the board shall be consistent ne~t ; ..... :~*~* *- ......... with the provisions of the Charter and Section 2-30 of the Code of Ordinances.~As ~ic!e, ~a ;~ ~aa:,:~ +u~.~,^ Section 2. That each and every other section of said Chapter not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. S:\CA\Ordinancesb~.dminislxative\Cemctery See 6-5 072402.doc Section 5. Section 6. passage. FIRST READING this SECOND, FINAL ,2002. Authority is hereby given to codify this Ordinance. This ordinance shall become effective immediately upon __ day of ., 2002. READING AND PASSAGE this day CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner S:\CA\OrdinancesXAdministrative\Cemetery Sec 6-5 072402.doc of Requested City Commission Meetin~ Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM B.15 CITY OF BOYNTON BEACH AGE A ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Offiee September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business ~ Public Hearing ~] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: First reading of an ordinance amending Chapter 26 of the Code of Ordinance pertaining to the rates and charges for utility services. EXPLANATION: Based upon the May 2002 Water, Wastewater and Stormwater Rate Study completed by Camp, Dresser and McKee and the report and recommendations made by the city staff to the City Commission at various public meetings, an ordinance has been drafted to implement those recommendations. This would be the first of two public hearings being held prior to the implementation of the rate modifications. PROGRAM IMPACT: Adoption of the ordinance will authorize the rate modifications as discussed at all previous public City Commission meetings. FISCAL IMPACT: Other than the ancillary charges for service, the modified rate schedules are designed to be revenue neutral. The new rates will go into effect on the first full billing cycle to fall after October 1, 2002. S:x,BULLETIN'xFORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to adopt the proposed modified rate schedule which may have an adverse effect on the Water Use Permit issued to the City by the SoUth Florida Water, Management District. Deparm~ent Head's Si~ature Utilities Department Department Name / / /' ~CiOf'Man~er's Signature City Attorney/~Pinance / Human Resources S:~BULLETiN~ORMSLS. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE: CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, AMENDING SECTION 26-8, PROVIDING FOR REVISED ANCILLARY WATER AND SEWER SERVICE CHARGES; AMENDING SECTION 26-9, REPLACING AND REVISING THE RATE SCHEDULE FOR POTABLE WATER; AMENDING SECTION 26-34, PROVIDING AN ADDITIONAL PAYMENT OPTION FOR CAPIT~ FACILITIES rCHARGES IN THE COMMUNITY REDEVELOPMENT AREA; AMENDING SECTION 26- 39, ;, FOR A DEFINITION OF WATER S AMENDING SECTION 26-42, A SURCHARGE FOR POTABLE DECLARATION OF A WATER AMENDI ST WATE FOR AND WHEREAS, at the direction of the City Commission of the City of Boynton Beach, the City's utility system consulting engineers, Camp Dresser and McKee, Inc., completed a Water, Wastewater and Stormwater Rate Study ("Study') in May 2002; and WHE~AS, based on their review of the Study and the water, wastewater, and stormwater system, City staff recorranends modifications to Chapter 26 of the Code of Ordinances; and WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of proposed increase to any rate, charge or fee for water or sewer utility service, have been satisfied, as the required notice has been furnished to each utility customer through the City's S:\CA\Ordinances\UtiliBAWater Rates 084)6-02.doc 1 regular billing process; and WHEREAS, the City Commission of the City of Boynton Beach has determined that revisions to the ancillary charges for water and sewer service connections and a revised rate schedule for potable Water service are necessary to encourage water conservation, provide for and reflect current and preferred practices of the City's Utilities more equi:table rates, DePartment; and WltEREAS, in order to encourage development within the community redevelopment area, it has been determined that Section 26-34 of the Code of Ordinances should be revised to provide an installment payment option for capital facilities charges is appropriate and necessary wi~n the City's Community Redevelopment Area; and WHEREAS, in order' to further encourage water conservation during periods' of declared water shortages and water shortage emergencies as:determined by the South Florida Water Management District, 'the City Commission has determined that it is in the best interests of the public to amend Section 26-42 of the Code of Ordinances to provide for a surcharge of a varying percentage depending on the restriction phase determined by the District, on potable water rates when the customer utilizes more than 9,000 gallons of water per month; and WltEREAS, Chapter 26, Article VII, Section 26-406 of the Code of Ordinances provides for fee-in-lieu-of capital contributions towards basic stormwater systems for properties redeveloping within the Downtown Stormwater Improvement Watershed; and WHEREAS, the City Commission has found that it is appropriate based upon final accounting of expenses and construction costs for Phases 1 and 2 of the Downtown S:\CA\Ordinances\Utilit3AWater Rates 08-06-.02.doc Stormwater Improvements Project, to reduce the capital contribution towards stormwater system improvements in the Downtown Stormwater Improvement Watershed required by Section 26-406 of the Code of Ordinances WHEREAS, the City Commission of the City of Boynton, based upon the justification provided by the City's utility system consulting engineer in a report dated May, 2002, and by City staff, deems it to be in the best interests of the citizens and residents of the City to amend Chapter 26 of the City of Boynton Beach Code of Ordinances to provide for these necessary changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is tree and correct ~nd incorporated herein by this reference. Section 2. That Chapter 26, Article I, Section 26-8 is hereby amended by adding thc words and figures in underlined type, and by deleting the words and figures in struck- through type, as follows: Sec. 26-8. Water and sewer connection, deposit and service charges. There is hereby established a fee structure for water and sewer service, mm-om, meter connections and deposits and miscellaneous services as set forth below: Service Charge Turn-on ................................... .. .... ..._..='~'~.nn.... Turn-off. --,-,°~ nn.. n after hours tn nn Turn-o ................................. Turn-off after hours ............................ ,,,,.,,,,ch nn Meter test* ....................................... 20.00 Re-Read* (customer request) ............... 15.00 Water shut-off char,cie for non-payment.. 40.00 S:\CA\Ordinances\UtilityXWater Rates 08-06-02.doc 3 $20.00 20.00 55.00 55.00 20.00 Labor char.qe for meter up.qrades .......... 60.00 Flow test* ........................................ 30.00 *No charge if meter error~.? city's error, or sub-standard flow rate is detected. Meter connection char, qes. Meter Size Inside Outside (in inches) City City 5/8 and 3/4 $215.09 220.00 $239.00 275.00 $o?n An e-mn nn. 315.00 I ...... 255 00 I 1/2 $~00.00 455.00 $6~5.00 565.00 2 $675.00 530.00 $740.00 660.00 3 Tot3! Cost p!u~ !=bcr ~d m~t~d3~ Furnished and ins~lled by and at e~ense of Customer Tot=! Cost p!'-'= !=bcr c.".d m=tcfi~! Furnished and installed by and at expense of Customer ~-,,~ r-,,o, p,,,o ~,,~ .... -~ ,-,',*^'~"' Furnished and instelled by and at expense of Customer and installed by and at expense of Customer Deposit $ 100.00 $ 125.00 $ 250.00 $ 400.00 $ 750.00 $1,25O.OO $2,500.00 $4,000,00 Meter Size (in inches) Construction Meters Penalty for Nonread/month Deposit 3/4 $ 25.00 $100.00 I 25.00 100.00 1 1/2 25.00 200.00 2 25.00 250.00 Hydrant meter 150.00 600.00 If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. Section 3. That Chapter 26, Article I, Section 26-9 is hereby amended in part by S:\CA\Ordinances\UtilitykWater Rates 08-06-02,doc 4 Ii deleting Schedule I, Potable Water Rates, and replacing the same with the underlined words and figures consisting of a new Schedule I, Potable Water Rates, as follows: Sec. 26-9. Water and wastewater rates and charges. The monthly rates and charges for water and wastewater shall be as set forth in the five-year schedules in this section. Such rates shall become effective on October 1s~ of each of the fiscal years indicated and shall not be prorated: SCHEDULE I. POTABLE WATER RATES (a) Residential Rates: Inside City Base Facility Charqe $4.00 per month 0-9000 .qallons/month $1.15per thousand ,qallons 9,001~30,000 .qallons/month $1.96 per thousand .qallons Over 30,000 qallons/month $2.75 per thousand ,clallons Outside City $5.00 per month $1.44 per thousand .qallons $2.45 per thousand .qallons $3.44 per thouSand .qallons (b) Commercial Rates: Base Facility Charge 0.9000 .qallons/month 9,001-30,000 gallons/month Over 30,000 .qal ons/month Inside City $8.00 per month $1.15 per thousand qallons $1.98 per thousand .qallons $2.75 per thousand qallons Outside City $10.00 per month $1.44 per thousand gallons $2.45 per thousand .qallons $3.44 per thousand .qallons Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in part by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: See. 26-34 Capital facilities charges and connection charges. (-a-) (A)CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: (1) (a) S:\CA\Ordinances\UtilityXWater Rates 08-06-02.doc Water: Property located within the municipal limits of Boynton Beach. 5 Nine hundred thirty-three dollars ($933.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one'bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be Ordinance :c~apter] and by reference made a (b) Property located beyond the municipal limits :of Boynton Beach but within the utility service :area. One thousand:one hundred sixty-six dollars ($1,166.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one,bedroom single-family home, and the number of equivalent t'te purpose of this calculation, in accordance 80-10 [Article II (2) Sewage: (a) Property located within the municipal limits of Boynton Beach. One hundred sixty-six dollars ($166.00) per equivalent dwelling unit. "Equivalent dwelling Urfit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single- family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. Property located beyond the municipal limits of the City of Boynton Beach but within the utility service area. Two hundred seven dollars ($207.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a trait of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing S:\CA\Ordinances\Utility~Water Rates 08-06-02.doc or additions-and improvements ther~~' which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the fn'st building permit issued on the owner's property, and shall be computed based upon the rate in effect upon that date. A capital facilities charge shall not be assessed to restaurants for temporary outdoor seating on private property: Temporary shall be defined as tables and seating arranged and utilized during the months of November through April, commonly referred to as the "season." Tables, chairs and benches utilized for temporary seating shall be removed and stored during the months May through October. Any permissible permanent seating, whether indoors or outdoors, shall continue to be assessed capital :facilities charges. Under no circumstances shall any permanent or temporary seating be located partially or completely within required parking, spaces, easements, fu'e lanes, ~access aisles, or the public right-or- For properties located within the community redevelopment area that are assessed capital facilities charges pursuant to this section, the capital facilities charge may be paid in full prior to or at the time of building permit issuance or on an installment basis, without interest, for an amortization period not to exceed' eighteen (18) months from building permit issuance. Should the installment payment option be utilized, charges will be billed on a monthly basis, and the prop~ shall only be credited for the value of that portion of the capital facilities charge which has been paid. If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount greater than the oversizing charge portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows: Section 5. That Chapter 26, Article III, Section 26-39 is hereby amended in part by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: S:\CA\Ordinances\Utilit2AWater Rates 08-06-02.doe Sec. 26-39. Definitions. For the purposes of this article, the following terms, phrases, words and their derivatives herein; when not inconsistent with words in the plural include the singular~ the word "shall" Water shortage emergency means that situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animalS, fish or aquatic life, or a public water supply or commercial, industrial, agricultural, recreational or other reasonable uses. Water shortage phase means a phase of water shortage declared by th.e. District and as established by Rule 40E-21.251, Florida Administrative Code. Section 6. That Chapter 26, Article 1II, Section 26-42 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 26-42 Declaration of water shortage; water shortage emergency~ surcharue. (a) The declaration of a water shortage or water shortage emergency within all or any part of the City of Bo.vnton Beach by the governing board or the executive director of the district shall invoke the prOvisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the City of Boynton Beach, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violations of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this article. (b) Upon the declaration of a water shortage or water shortage emergency as described in (a) above, a surcharge shall be added to the charge for. S:\CA\Ordinances\Utility~Water Rates 08-06-02.doc potable water on all customers using mOre than 9,000 gallons per month. Charges shall be applicable during the first billing cycle following the declaration, and shall remain in effect until the declaration is lifted, as follows: Water Shorta.qe Phase Percent SurcharRe Applied I 15% II 30% II1_ 45% IV 60% Section 7. That Chapter 26, Article VII, Section 26-406 is hereby amended in part by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 26-406 Capital contributions. (3)' The "fee-in-lieu-of' capital contribution for properties' redeveloping within the Downtown Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or conveyance facilities within that watershed, shall be levied as follows: ao Capital cost per impervious square foot for Water Quality $2. ! O $2.05 Capital cost per impervious square foot for Water Quantity $0.18 Co Total Capital cost per impervious square foot for Water Quality and Quantity e'~ '~ $2 23 This fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed. Section 8. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 9. All ordinances or parts of ordinances in conflict herewith be and the S:~CA\Ordinances\UtilitykWater Rates 08-064)2.doc 9 same are hereby repealed. Section 10. Should any section or provision of this ordinance or portion hereofi any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 11. Authority is hereby granted to codify said ordinance. Section 12. This ordinance shall become effective October l, 2002. 2002. FIRST READING this day of August, 2002. SECOND, FINAL READING AND PASSAGE this day of August, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: .Commissioner City Clerk (CORPORATE SEAL) Commissioner S:\CA~,Ordinances\Utility~Water Rates 08-06-02.doc 10 NOTICE OF RATE INCREASE THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH IS SCHEDULED TO HOLD A PUBLIC HEARING REGARDING RATE ADJUSTMENTS THAT INCLUDE INCREASES AND DECREASES OF POTABLE (DRINKING) WATER RATES AND ANCILLARY SERVICE CHARGES. THE PUBLIC HEARING IS SCHEDULED DURING THE REGULAR CITY COMMISSION MEETING OF AUGUST 20, 2002, IN THE CITY COMMISSION CHAMBERS, LOCATED AT CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA. THE MEETING WILL BEGIN AT 6:30 P.M. THE PROPOSED POTABLE WATER RATES, AND ANCILLARY CHARGES ARE SHOWN IN THE FOLLOWING TABLES: SCHEDULE 1 - POTABLE WATER RATES a) Residential Rates Base Facility Charge 0-9000 gallons/month 9001- 30000 gallons/month Over 30000 gallons/month Inside City $ 4.00/month $1.15/thousand gallons $1.96/thousand gallons $ 2.75/thousand gallons Outside Citw $ 5.00/month $1.44/thousand gallons $ 2.45/thousand gallons $ 3.44/thousand gallons b) Commercial Rates Base Facility Charge 0-9000 gallons/month 9001- 30000 gallons/month Over 30000 gallons/month Inside City $ 8.00/month $1.15/thousand gallons $1.96/thousand gallons $ 2.75/thousand gallons ANCILLARY CHARGES Service Charge Water Turn-on $ 20.00 Water Tm-off $ 20.00 Turn-on after hours $ 55.00 Tm-off after hours $ 55.00 Meter Test* $ 20.00 Re-read (customer request)* $ 20.00 Water shut-off charge for non-payment $ 40.00 Labor charge for meter upgrades $ 60.00 Flow Tests* $ 30.00 *No charge if meter error, City's error, or sub-standard flow rate is detected Meter Connection Charges 5/8" x %" meter 1" meter 1 ½" meter 2" meter 3" meter 4" meter 6" meter 8" meter Inside City Outside CRV $ 220.00 $ 275.00 $ 255.00 $ 315.00 $ 455.00 $ 565.00 $ 530.00 $ 660.00 Furnished & Installed by user Furnished & Installed by user Furnished & Installed by user Furnished & Installed by user **Deposit my be adjusted upwards in cases of unsatisfactory payment history. Outside City $10.00/month $1.44/thousand gallons $ 2.45/thousand gallons $ 3.44l thousand gallons Deposit** $100.00 $125.00 $250.00 $400.00 $750.00 $1,250.00 $2,500.00 $4,000.00 XII. - LEGAL CITY OF BOYNTON BEACH ITEM AGENDA ITEM REQUEST FO1C,. Requested City Commission Meetin~ Date~ [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office luly t7, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans r":~ ': .... [] Consent Agenda [] New Business c~, .... i - [] Public Hearing [] Legal __ [] Bids [] Unfmished Business [] Announcement [] Presentation '~' [] City Manager's Report crv -~ RECOMMENDATION: Motion to approve an amendmem to Ordinance No. 01-25, providing for amended qualifying periods and exempting the City from Laws of Florida, Chapter 83-478. EXPLANATION: In the course of coordinating a timetable 'with the Supervisor of Elections of Palm Beach County, the City received a request to adjust the qualifying dates to coincide with county, state and federal elections timeframes. This Ordinance is presented to accommodate that request. The language exempting the City from the Laws of Florida, Chapter 83- 478 has been added to formalize the City's fight to establish an election date other than a March election date. PROGRAM IMPACT: This Ordinance should be construed as a housekeeping measure to fully implement the previous ordinance which changed municipal elections from March to November. Interested candidates for election will still have a full' two weeks to qualify, albeit slightly earlier in the election cycle. FISCAL IMPACT: The City Attorney has recommended publication of a Notice announcing the qualifying dates for the November 2002 election. The cost of advertising will be approximately $586.98 (1/8" page ad), per mn. ALTERNATIVES: None. Department Head's Signature Department Name S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 01-25 PROVD:ING FOR AMENDED QUALIFYING PERIODS; EXEMPTING THE CITY FROM LAWS OF FLORIE AS SUB-SECTION 10-31 - 10-37 ~ CODE; PROVDING I WHEREAS, in the process of coordinating a timetable with the Supervisor of Elections of Palm Beach County, it has been determined that the qualifying period for candidates for the November election should be amended to coincide with county, state and federal elections; and WHEREAS, Florida Statute 100.3605(2) authorizes the goveming body of municipalities to change, by Ordinance, the dates for qualifying; and WHER.EAS, in an effort to comply with the Laws of Florida, Chapter 83-478, codified as subsection 10'31 through 10-37 of Palm Beach County Code, and pursuant to the provisions of Section 10-38 of Article II, Filing and Election Dates of the Palm Beach County Code, the City of Boynton Beach does hereby exempt itself from the provisions of subsections 10-31 through 10-37; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. That Ordinance 01-25, Section 7, is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through S:\CA\Ordinances~.Administrative~amending qualifying period - 073102.doc type, as follows: Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act., shall be called by proclamation of the Mayor; published in a newspaper published in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such notice. Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last T~ ..... ~.,..o~.,j~ .... fourth Thursday in August._ (i.e. for the NoVember ~009_ election, qualilMng period will commence on August 22, 2002) i-~ ~_, nor later than noon on the s~q~4---T-,,v,s~, first Thursday, of September (.i.e. for the November 2002 election, qualifying period will end on September 5, 2002), m Oemb~_- of the calendar year in which the election is to be held. The City Clerk sh-all transmit the names of all candidates for City Council to the Supervisor of Elections by 5:00 P.M. on the in'st Friday after the close of qualifying. Section 3. That the City of Boynton Beach does hereby exempt itself from the Laws of Florida, Chapter 83-478, codified as sub-section 10-31 through 10-37, pursuant to Section 10-38, Article II. Municipal Elections, of the Palm Beach County Code. Section 4. In the event of a conflict between the provisions of this ordinance and any other provision of the City Code, City Charter, ordinance or resolution, this ordinance shall control. Section 5. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 6. This Ordinance shall become effective immediately upon passage FIRST READING this day of August, 2002. S:\CA',Ordinances',.Administraflve~amending quali~ing pedod - 073102.doc SECOND, FINAL READING AND PASSAGE this day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\Or0inances~Administrative~amending qualifying pedod o 073102.doc NOTICE REVISED QUALIFYING DATES FOR CITY OF BOYNTON BEACH ELECTION TO ALL INTERESTED CANDIDATES FOR NOVEMBER, 2002 MUNICIPAL ELECTION The qualifying period for the November 2002 municipal election will commence at 12:00 noon on Thursday August 22, 2002 and shall close at 12:00 noon on Thursday September 5, 2002. XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORiVl Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk~s Office July 17,:2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Heating [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal Presentation RECOMMENDATION: Please place this request on the August 6, 2002 City Comm/ssion Agenda under Legal - Resolutions. Staff recommends this resolution be approved which represents the issuance ora "Notice of Intent", in preparation for a code review of Land Development Regulations governing self-storage uses and facilities. For further explanation, see attached Department of Development Memorandum No. PZ 02-157 and original staff report numbered PZ 98,156. EXPLANATION: In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staff is prepared to initiate amendments to the Land Development Regulations to: limit "limited access m-warehouse" uses to the C-1 Office/Professional zoning district; 'to establish a distance separation between a storage business within the C-1 Office/Professional zoning district and any other storage business; and to limit the combination of multi-access and limited- access storage facilities to the C-4 General Commercial and M-1 Light Industrial zoning districts. PROGRAM IMPACT: Implementation of the language and intent of the Comprehensive Plan FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject resolution and direct staff to bring forward a Comprehensive Plan Amendment to allow self-storage uses and facilities in all Commercial land use c~tegories. ,E~evelopm&t~D~p~m-n~ntXDirector F ~'~itry Manager s'Signature Planning and ZoningQ~ector City Attorney / Finance / Human Resources J:~SHRDATA~Ianning~SHARED\WPXSPECPROJ~Zoning ha Progress~Agenda Request-self-storage080602. dot RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE OF INTENT' ANNOUNCING THE CONDUCTING OF A CITY WIDE PLANNING STUDY FOR BUILDING AND ~ APPLICABLE TO SELF- STORAGE FACILITIES, MINI- W~SHOUSES AND WAREHOUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, pursuant to City Ordinance 000-053 to initiate proposed changes to the Land Development Code and to direct staff to planning and development studies; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake review of building and zoning regulations applicable to storage, facilities, self-storage facilities, warehouses, and mini-warehouses within the jurisdictional limits of the City Of Boynton Beach to study and review the impact and compatibility of storage facilities, self-storage facilities, warehouses, and mini-warehouses on other commercial and residential uses. The study shall include, but is not limited to, review of size, height, appearance, setback, landscaping, and buffering criteria for such uses; and WHERAS, the Commission has authority to initiate the review process by resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a formal announcement of said planning activities, and the period during which time all applications related fo development activity proposed within the study area, must be abated or conform to restrictive temporary regulations; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and thereafter for a period of 180 days following the date of adoption unless otherwise extended by the City Commission by subsequent Resolution following public heating. S:\CA\Ordinances\LDR Changesx,NOI Reso - self storage.doc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby does hereby issue the Notice of Intent attached hereto as Exhibit "A". That this Resolution shall become effective city-wide immediately upon Section 2. passage. Section 3. Ordinance 000-053. Section 4. The Notice of Intent shall posted and copies provided as required by No application for a development activity within the scope of the study shall be accepted by the City following the date of adoption of this Resolution and during the study period. No application for a development activity within the scope of the study shall be further processed by the City, following the date of adoption of this Resolution during the study period, unless the application was filed prior to the adoption date of this Resolution. PASSED AND ADOPTED this 6th day of August, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances\LDR ChangeskNOl Reso - self storage.doc Ex.bit A NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2002-02. STATEMENT OF PURPOSE AND SCOPE OF STUDy The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations to correct discrepancies between Goals, Objectives and Policies in the Comprehensive Plan and the Land Development Regulations. AFFECTED AREA The Affected Area shall be specifically described as all lands zoned C-2 Neighborhood Commercial and C-3 Commtmity Commercial citywide. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Limit "limited access mini-warehouse" uses to the C-1 Office/Professional zoning district; 2. Clarify existing regulations to require a distance separation of two thousand five hundred (2,500) feet between a limited access mini-warehouse and any other self- storage business; and, 3. To restrict combination multi-access and limited-access storage facilities to the C-4 GENERAL COMMERCIAL and M-1 LIGHT INDUSTRIAL zoning districts. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to ensure consistency with both the language and intent of the Comprehensive Plan and specifically exclude "limited-access mini-warehouse self-storage facilities within the Local Retail Commercial land use classification which corresponds to the C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED.. LDR, Chapter 2. Zoning, Section 6(b) C-2 Neighborhood Commercial District, LDR, Chapter 2. Zoning, Section 6(c) C-3 Community Commercial District, and LDR, Chapter 2. Zoning, Section .11(O) Self Service Storage Facilities (Supplemental Regulations). j:xSHRDATAXPlannmg,,SHAR.~D\,81~\SPECPRO.BZoning in Progre~'~O[ 2002-02.do~ PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for self-service storage facilities submitted to the City after the Notice of Intent is executed. COLLATERAL DOCUMENTS Development Department Memorandum No. 02-157 Development Department Memorandum No. 98-156 ADDITIONAL NOTICE The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by: the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: July 30, 2002 Adopted by Resolution number Beach, Florida the ~ day of R02- of the City Commission of the City of Boynton ,200 . By: Office of the City Clerk I:,~SHRDATA~Planning~S}'tARED\WP',SPECPROgZonmg tn Ih'ogr~XNOl 2002-02.do~ Location Map HYP LU ~ WOOLBRIG _ DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-157 TO: Kurt Bressner City Manager FROM: Michael Rumpf Planning and Zoning Director THROUGH: Quintus Greene Director of Development DATE: July 30, 2002 SUBJECT: SELF-STORAGE USES ZONING IN PROGRESS - NOTICE OF INTENT On October 4, 2000 the City Commission approved Ordinance Number O00-53, otherwise known as Zoning in Progress (ZIP). The ZIP established a system to both inform the development community of pending changes in development regulations, as well as to review all related applications for consistency with anticipated regulations. This interim processing system is initiated by a "Notice of Intent", which is issued by the City Commission, Staff is hereby requesting that the City Commission issue a Notice of Intent for all property zoned C-2 Neighborhood Commercial and C-3 Community Commercial within the city, in order to prepare and process necessary changes to the zoning code and development regulations. The use of a ZIP process to implement redevelopment initiatives is not new. This process was recently used during preparation of the Federal Highway Corridor Redevelopment Plan and the South Congress Avenue M-1 Planning Study. The affected area is all property zoned C-2 Neighborhood Commercial and C-3 Community Commercial within the city. The Notice of Intent should only apply to applications involving self-storage uses within these areas. In 1998, Policy 1.16.1 of the Comprehensive Plan's Future Land Use Element was amended to allow "self-service storage facilities (limited-access mini-warehouse only)" in the General Commercial land use classification. According to the staff report accompanying the amendment, corresponding amendments were to have been made to the Local Retail Commercial land use classification to speCifically exclude the limited- access mini-warehouse self-storage facilities use. In addition, the staff report states that, "(a) minimum separation of 2,500 feet between storage businesses within the Office Commercial land use classification and any other storage business will prevent over supply of such uses~.." Corresponding amendments to the Land Development Regulations were adopted with Ordinance No. O98-31. Staff has now been made aware that the changes to the Land Development Regulations that allow limited-access self-storage facilities in the C-1 Office/Professional zoning district lack the specificity necessary to prohibit the use in either the C-2 Neighborhood Commercial or C-3 Community Commercial zoning districts. In addition, they are not sufficiently clear in the requirement for distance separation. Finally, the Land Development Regulations imply that facilities containing both multi-access and limited- access storage facilities are allowed in both C,1 and M-1 zoning districts, while the intent was to allow them only in the C-4 and M-I zoning districts. To provide ave adoption accepted staff also C-2 an the It is assumed that less than 6 months will be needed to complete this project. MR J:\SHRDATA\Planning~SHARED\WP~SPECPROJ~-oning in Progress\Notice of Intent reauest -Storage.aoc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-156 TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Acting Director of Planning & Zoning May 21, 1998 Stor All (CPTA 98-001 ) Request for Amendment to Text of Comprehensive Plan INTRODUCTION Kieran Kilday, agent for Jeffrey Anderson of Stor-AIl, applicant is requesting that the Comprehensive Plan be amended to change the permitted uses of land so as to permit limited-access mini-warehouse self- storage facilities within the Office Commercial land use classification. The subject request is to Comprehensive Plan Policy 1.16.1 which is the policy that contains the definitions, and list of allowed uses, for all Comprehensive Plan land use classifications. In concert and concurrent With this request, the same applicant is requesting numerous amendments to the Land Development Regulations to, in part, insert provisions for limited-access self-storage facilities including adding said use to the list of conditional uses within the C-1, Office and Professional Commercial District, a corresponding definition, and corresponding development standards (please see CDRV 98-001/Memorandum No PZ 98-157). According to the applicant, the purpose of this amendment is to provide storage facilities which are compatible with both office environments and residential neighborhoods, in order to place them closer to the intended customer. The primary market for this use includes thOse in need of "an extra closet" for the storage of business records and small-scale household items. PROCEDURE This application is being processed consistent with City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, and with Florida Statutes, Chapter 163. These regulations have been listed for informational purposes. Paraphrasing, these regulations indicate the minimum requirements for the amendment of the city's Comprehensive Plan. Pursuant to state law, any amendment to the text of a comprehensive plan is construed as a "large-scale" amendment and is therefore only processed twice, per calendar year, and subject to compliance review by the Florida Department of Community Affairs (DCA), which consists of a review before and after the adoption of ordinances. This entire review process takes approximately 6 to 8 weeks to complete, depending on the timeliness of the review by the DCA, and whether the DCA raises any objections to the amendment. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Existing Policy 1.16.1 (only that portion that defines the Office Commercial classification) reads as follows: "Office Commercial: This land use category shall consist of all C-1 Office and Professional Commercial zoning districts, and any other ZOning distri~ts Which may be established, including Planned CommerCial Development zoning Page 2 Stor All File No.: CPTA 98-001 districts, which are similar in character to the C-1 district, provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Office Commercial/and use Category. The uses a/lowed in this land use category shall be limited to, but shall not necessarily include, the fo/lowing: Business, professional, and administrative offices; and financial institutions; funeral homes; p/aces of worship; schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses." PROPOSED TEXT (with changes proposed shown in underlined and bold text) "Office Commercial: This land use category shall consist of all C-1 Office and Professional Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-1 district, provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Business, professional, and administrative offices; and financial institutions; funeral homes; places of worship; self, service storage facilities (limited-access mini-warehouse onlv~; schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facib'ties; social and civic c/ubs and organizations; civic and community centers; limited retail and business services which are related to the above uses." ANALYSIS The two principle issues of concern are impact on residential land uses and the impact on land availability. Analysis Issue: Consistency with Comprehensive Plan Goals, Objectives, and Policies Given the possible close proximity of those lands designated Office Commercial to residential land uses, Comprehensive Plan recommendations relative to preservation of residential environments must be reviewed. Objective 1.17 is indicated below, followed by a b riel review. Objective 1.17 Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to residential environments by preventing or minimizing land use conflicts. The traditional mini-warehouse storage business has always been limited to the General Commercial or Industrial land use classifications, which correspond with the C-4, M-1 or PID zoning districts, in order to concentrate them with other uses with similar impacts or exterior appearance. Such uses are incompatible with residential uses due principally to their exterior characteristics including noise, lighting, and visual characteristics created by outdoor parking or storage areas. The negative characteristics indicated herein are not to be generated from the type of storage use proposed to be added to the Office Commercial land Page 3 Stor All File No.: CPTA 98-001 use classification. As indicated above, this request is being processed in conjunction with a request to amend the Land Development Regulations to first create this new storage use called a limited-access mini- warehouse. This request also includes revisions to the regulations to .allow this use within the C-1, Office/Professional zoning district, to differentiate between the limited-access mini-warehouse storage uses and the .traditional storage uses to be defined as multiple-access ware-house storage uses, and to change, oradd design requirements, Iocational criteria, and other development standards applicable to limited- ~ ity in appearance .and performance associated changes to the Land Development Regulations, please see Memorandum No. PZ 98-157 (CDRV 98-001). Analysis Issue: Impact on Land Availability The second issue of concern regards impact on the availability of lands designated for office or professional uses. The applicant has included an analysis that is intended to address this issue. According to data supplied in the application, which is based on data from the comprehensive plan, the Evaluation and Appraisal Report (EAR), and Iocational criteria used by the storage business industry, there is a need for an additional 8.4 acres of storage uses, which can be easily absorbed by the current supply of approximately 135 acres of vacant land designated Office Commercial Secondly, the applicant states that the target locations for such uses will not compete with future office uses, since the most desirable locations for the limited-access facilities are near the city's western fringe, whereas 75% of future office space is expected to be located near the city's urban core, t~:ansit corridors, Or within Quantum Park (source: 1997 EARS. Aisc relative to the impact on land uses, isthe distance separation requirement proposed within the changes to the Land DeVelopment RegulatiOns. Th s minimum separation of 2,500 feet between storage businesses within the Office Commercial land use classification and any other storage business will also prevent over supply of such uses in areas that may even support more than one facility. The applicant also indicates that the IOcational criteria utilized by the storage business industry (limited-access facilities), and the limited availability of land, would also naturally prevent any excessive development of these uses. In order to further limit the rr Policy 1.16.1 also which specifically given that the definition for the uses allowed within the Office cost involved in allowing a new these uses are argua and the applicant has., from being used for storag closer proximity to office uses reduction in travel dista~ of storage facil staff holds zoning di~ ava that are mcr comprehensive plan data and ~osed amendment, staff recommends that the amendment to inition for the Local Retail Commercial land use classification ni-warehouse storage uses. This amendment is necessary ion includes a list of allowed uses beginning with all ~lassification. Reasons for this exclusion include the opportunity would otherwise be occupied for retail purposes, centers nor other retail environments, typically preclude them the possible benefit of these uses being in dential neighborhoods (e.g. convenience, and the possible improvement in the quality and certain household goods); however, :1 be limited t0 only one additional land use classification and ted, arid to avoid the opportunity costs of losing land commercial land uses ~nd ZOning districts, on which the based. For the purposes of satisfying the minimum ~analysis required by the Florida DCA, it is necessary to state that this proposed amendment; if approved, would have no negative affect on any other portion of the Comprehensive Plan including related data and analysis, nor ~oUld it impact any area of critical state concern. Page 4 Stor All File No.: CPTA 98-001 RECOMMENDATION It is the recommendation of staff that this request by Kieran Kilday and Jeffrey Anderson that Comprehensive Plan Policy 1.16.1 be self-storage facilities recolT requirement approved, and that this amendment to to specifically exclude limited-access mini- Commercial land use classification. ~pproved: This the be 1.16.1 MR xc:central file j :\SHRDATA~Ianning\SHARED\WP~PROJ ECTS\Stor,AII\CPTA\Text reooil.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO .... Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15.2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Offic.e. September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report Toinette Wires-Hunter v. City Of Boynton Beach, et al PLAINTIFF COUNSELS: Mark R. Goldstein, Esq., Law Offices of Mark Goldstein, P.A. Donald Dowling, Esq., Spinner Dittman Pederspiel & Dowling, LLP DEFENSE COUNSEL: Benjamin Bedard, Esq., Roberts & Reynolds, P.A. (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities~Florida Municipal Insurance Trust list of approved counsel.) RECOMMENDATION: Accept the mediated settlement with Plaintiff in the amount of $57,500. EXPLANATION: On March 2, 1999, at 6:19 AM, City garbage truck driver eastbound onNE 14~ Ave. made left mm onto NE 4th St. following the roadway. Plaintiff's vehicle had just pulled out of her driveway and traveling southbound on NE 4th St. The 2 vehicles collided at the bend/sharp curve in the roadway. City vehicle's rear left tire collided with the front-left side of Plaintiff's vehicle. City's driver cited for failure to maintain single lane in that he crossed over the center of the roadway making his left mrn striking left front of the Plaintiff's vehicle. Plaintiff incurred medical expenses of $47,524.94, to date. Plaintiff's origmat demand at mediation was $100,000. Settlement was agreed to contingent upon City Cormmssion approval. PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Dept. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement w~ll result ~.cla',ms?e~gJi~0g;t.e)~- Value of this case at trial is estimated at $ 50,000 - $150c00~r'~lfft}il;ional def~e !~i~l )egal,4:°sts are esnmare° at *z°'"'. ~~ (~(~/ , City'3~tanager s S~gnamre RISK MANAGEMENT han 'e / tuman Zes0urces Department Name WimsHunter02 S:kBULLETINkFORMS~GENDA ITEM KEQUES~[ FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager Wilfred Hawkins ?]~ff~,. THRU: Assistant City Manager FROM: Charles J. Magazine ~,~¢~' Risk Manager DATE: July 11, 2002 SUBJECT: Toinette Wims-Hunter v. City of Boynton Beach, et al Date of Loss: March2, 1999 Risk Management recommends the City Commission ratify the: X Settlement in the above stated manner. RESERVES: Indemnity: $ 75,000 _ Judgement Demand: Original: $100,000 Offer: Original: $ 15,000 Expenses: $ 62,000 Final: $ 60,000 Final: $ 57,500 X SETTLEMENT: $ 57,500 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: IF NOT SETTLED Projected Legal Fees: $ 1,033 Current LegalFees: $ 56,000 $ 25,000 Projected Jury Verdict: $ 50-150,000 JUDGEMENT: $ CurrentAdj ustment Fees: $ Current Legal Fees: $ CASE NARRA'rlVE: On March 2, 1999, at approximately 6:19 AM, City driver of a garbage truck eastbound on NE 14th Ave. making a left turn onto NE 4th St. following the roadway. Plaintiff's vehicle had just pulled out of her driveway and was traveling southbound on NE 4th St. The 2 vehicles collided at the bend/sharp curve in the roadway, with City vehicle'srear left tire colliding with the front-left side of Plaintiff's vehicle. City's driver was cited for failure to maintain a single lane in that he crossed over the center of the roadway in making his left turn striking the left front of the Plaintiff's vehicle. Plaintiffincurred medical expenses in the amount of $47,524.94, to date. Plaintiff's original demand at mediation was $100,000. Settlement was agreed to contingent upon City Commission approval, Cjm/Claimaut/WimsHunter01 xtoc Judicial Circuit: Time: ~ to Judge: County: Case #: Mediator: ~-(2 hour min) ~ 1_800-741-7000 Rodney G. Romano, Mediation, Inc. Case Style: vs.~ · .. SETTLEMENT AGREEMENT. This case was mediated on____--0'//o ~/o ~. and is settled under the following. ~ ~terms which the parties agree are binding and enforceable:.. ~- ~eo(~ ~' ~'~ ~'~'~" ) l) Defense will pay the sum of $ ~'7 roo * ~a"~, payable to plaintiff(s) and plaintiff' s counsel's trust account, and in exchange for a full release, hold harmless of all claims and liens, including medical claims and liens, and dismissal with prejudice if suit has been filed. 2) Parties shall bear their own costs and attorney fees. Exceptions:__